FAILURE TO COMPLY
WITH ANY SUCH REQUEST SHALL NOT IN AND OF ITSELF BE DEEMED A FAILURE TO EXERCISE
REASONABLE CARE IN SUCH CUSTODY AND PRESERVATION OF THE COLLATERAL.
(VI)
WITHOUT LIMITING THE APPLICABLE PROVISIONS OF THE LOAN AGREEMENT WITH
RESPECT TO THE OBLIGATION OF PLEDGOR TO REIMBURSE THE LENDER FOR ITS FEES AND
EXPENSES, UPON ENFORCEMENT OF THE LENDER'S RIGHTS HEREUNDER, THE LENDER'S
REASONABLE ATTORNEYS' FEES AND THE REASONABLE LEGAL AND OTHER EXPENSES OF
PURSUING, SEARCHING FOR, RECEIVING, TAKING, KEEPING, STORING, ADVERTISING AND
SELLING THE COLLATERAL SHALL BE CHARGEABLE TO PLEDGOR.
(VII)
THE LENDER MAY ASSIGN ITS INTERESTS IN THIS SECURITY AGREEMENT IN
CONNECTION WITH ANY ASSIGNMENT OF SUCH PARTY'S INTEREST UNDER THE LOAN AGREEMENT
AND, IF ASSIGNED AND UPON NOTICE OF SUCH ASSIGNMENT TO PLEDGOR, THE ASSIGNEE
SHALL BE ENTITLED (TO THE SAME EXTENT AS THE LENDER) TO PERFORMANCE OF ALL OF
PLEDGOR'S OBLIGATIONS AND AGREEMENTS HEREUNDER, AND THE ASSIGNEE SHALL ALSO BE
ENTITLED (TO THE SAME EXTENT AS THE LENDER) TO ALL OF THE RIGHTS AND REMEDIES OF
THE LENDER HEREUNDER.
PLEDGOR WILL NOT ASSERT A CLAIM OR DEFENSE AGAINST THE
ASSIGNEE WHICH PLEDGOR MAY HAVE AGAINST THE LENDER.
(VIII)
WAIVER OF JURY TRIAL.
EACH PARTY HEREBY (A)
COVENANTS AND AGREES
NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE BY A JURY, AND (B) WAIVES ANY
RIGHT TO TRIAL BY JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR
HEREAFTER EXIST.
THIS WAIVER OF RIGHT TO TRIAL BY JURY IS SEPARATELY GIVEN BY
EACH PARTY, KNOWINGLY AND VOLUNTARILY, AND THIS WAIVER IS INTENDED TO ENCOMPASS
INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A JURY TRIAL
WOULD OTHERWISE ACCRUE.
EACH PARTY IS HEREBY AUTHORIZED AND REQUESTED TO SUBMIT
THIS SECURITY AGREEMENT TO ANY COURT HAVING JURISDICTION OVER THE SUBJECT MATTER
AND THE PARTIES HERETO, SO AS TO SERVE AS CONCLUSIVE EVIDENCE OF EACH OF THE
PARTIES' HEREIN CONTAINED WAIVER OF THE RIGHT TO JURY TRIAL.
FURTHER, EACH
PARTY HEREBY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF THE OTHER PARTIES
(INCLUDING THEIR LEGAL COUNSEL) HAS REPRESENTED, EXPRESSLY OR OTHERWISE, TO SUCH
PARTY THAT THE OTHER PARTIES WILL NOT SEEK TO ENFORCE THIS PROVISION WAIVING THE
RIGHT TO A TRIAL BY JURY.
(IX)
VENUE; SERVICE OF PROCESS.
ANY JUDICIAL PROCEEDING BROUGHT AGAINST
PLEDGOR WITH RESPECT TO THIS SECURITY AGREEMENT OR ANY OTHER LOAN DOCUMENT MAY
BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION IN FAIRFAX COUNTY, VIRGINIA,
AND BY EXECUTION AND DELIVERY OF THIS SECURITY AGREEMENT, PLEDGOR ACCEPTS FOR
ITSELF AND IN CONNECTION WITH ITS PROPERTIES, GENERALLY AND UNCONDITIONALLY, THE
NON-EXCLUSIVE JURISDICTION OF THE AFORESAID COURT, AND IRREVOCABLY AGREES TO BE
BOUND BY ANY JUDGMENT RENDERED BY SUCH COURT IN CONNECTION WITH THIS AGREEMENT.
A COPY OF ANY PROCESS SERVED SHALL BE MAILED BY REGISTERED OR CERTIFIED MAIL TO
PLEDGOR AT THE ADDRESS TO WHICH NOTICES ARE TO BE ADDRESSED IN ACCORDANCE WITH
THIS SECURITY AGREEMENT, SUCH SERVICE
5
BEING HEREBY ACKNOWLEDGED BY PLEDGOR TO BE EFFECTIVE AND