OBLIGATIONS.
15.7
ENTIRE AGREEMENT.
THE NOTE, THE LOAN AGREEMENT,
THIS MORTGAGE AND THE OTHER LOAN DOCUMENTS CONSTITUTE THE ENTIRE UNDERSTANDING
AND AGREEMENT BETWEEN BORROWER AND LENDER WITH RESPECT TO THE TRANSACTIONS
ARISING IN CONNECTION WITH THE DEBT AND SUPERSEDE ALL PRIOR WRITTEN OR ORAL
UNDERSTANDINGS AND AGREEMENTS BETWEEN BORROWER AND LENDER WITH RESPECT THERETO.
BORROWER HEREBY ACKNOWLEDGES THAT, EXCEPT AS INCORPORATED IN WRITING IN THE
NOTE, THE LOAN AGREEMENT, THIS MORTGAGE AND THE OTHER LOAN DOCUMENTS, THERE ARE
NOT, AND WERE NOT, AND NO PERSONS ARE OR WERE AUTHORIZED BY LENDER TO MAKE, ANY
REPRESENTATIONS, UNDERSTANDINGS,
31
STIPULATIONS, AGREEMENTS OR PROMISES, ORAL OR WRITTEN, WITH RESPECT TO THE
TRANSACTION WHICH IS THE SUBJECT OF THE NOTE, THE LOAN AGREEMENT, THIS MORTGAGE
AND THE OTHER LOAN DOCUMENTS.
15.8
LIMITATION ON LENDER'S RESPONSIBILITY.
NO
PROVISION OF THIS MORTGAGE SHALL OPERATE TO PLACE ANY OBLIGATION OR LIABILITY
FOR THE CONTROL, CARE, MANAGEMENT OR REPAIR OF THE PROPERTY UPON LENDER, NOR
SHALL IT OPERATE TO MAKE LENDER RESPONSIBLE OR LIABLE FOR ANY WASTE COMMITTED ON
THE PROPERTY BY THE TENANTS OR ANY OTHER PERSON, OR FOR ANY DANGEROUS OR
DEFECTIVE CONDITION OF THE PROPERTY, OR FOR ANY NEGLIGENCE IN THE MANAGEMENT,
UPKEEP, REPAIR OR CONTROL OF THE PROPERTY RESULTING IN LOSS OR INJURY OR DEATH
TO ANY TENANT, LICENSEE, EMPLOYEE OR STRANGER.
NOTHING HEREIN CONTAINED SHALL
BE CONSTRUED AS CONSTITUTING LENDER A "MORTGAGEE IN POSSESSION."
15.9
CROSS-DEFAULT/CROSS-COLLATERALIZATION.
ALL THE
TERMS AND CONDITIONS SET FORTH IN SECTION 9.8 OF THE LOAN AGREEMENT ARE HEREBY
MADE A PART OF THIS MORTGAGE TO THE SAME EXTENT AND WITH THE SAME FORCE AS IF
FULLY SET FORTH HEREIN.
ARTICLE XVI
SPECIAL WASHINGTON PROVISIONS
16.1
SPECIAL STATE PROVISIONS.
IN THE EVENT OF ANY
INCONSISTENCIES OR CONFLICTS BETWEEN THE TERMS AND CONDITIONS OF THIS
ARTICLE XVI AND ANY OTHER TERMS AND CONDITIONS OF THIS MORTGAGE, THE TERMS AND
CONDITIONS OF THIS ARTICLE XVI SHALL CONTROL AND BE BINDING.
[Signature Page Follows]
32
IN WITNESS WHEREOF, this Mortgage has been executed by Borrower the day and year
first above written.
BORROWER:
MB LONGVIEW TRIANGLE, L.L.C.,a
Delaware limited liability company
By:
Minto Builders (Florida), Inc.,
a Florida corporation, its sole member
By:
/s/ Debra Palmer
Name:
Debra Palmer
Title:
Assistant Secretary
33
ACKNOWLEDGMENT
STATE OF ILLINOIS
COUNTY OF
This document was acknowledged before me on February
, 2006, by
, the
of Minto
Builders (Florida), Inc., a Florida corporation, the sole member of MB Longview
Triangle, LLC, a Delaware limited liability company, on behalf of said entity.
Notary Public, State of
My Commission Expires:
34
EXHIBIT A
LEGAL DESCRIPTION
(the legal description follows on next page)