of reasonable attorney's fees, the provisions of O.C.G.A.
Section 13-1-11(a)(2) shall not apply, and the parties hereby waive said
Section.
Section 16.4.
Waiver of Borower's Rights. BY EXECUTION OF THIS SECURITY
INSTRUMENT, BORROWER EXPRESSLY: (A) ACKNOWLEDGES THE RIGHT OF LENDER TO
ACCELERATE THE INDEBTEDNESS EVIDENCED BY THE NOTE AND ANY OTHER INDEBTEDNESS AND
THE POWER OF ATTORNEY GIVEN HEREIN TO LENDER TO SELL THE PREMISES BY NONJUDICIAL
FORECLOSURE UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF
DEFAULT WITHOUT ANY JUDICIAL HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH
NOTICE (IF ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF
THIS SECURITY INSTRUMENT; (B) WAIVES ANY AND ALL RIGHTS WHICH BORROWER MAY HAVE
UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA (INCLUDING WITHOUT
LIMITATION, THE FIFTH AND FOURTEENTH AMENDMENTS THEREOF) THE VARIOUS PROVISIONS
OF THE CONSTITUTIONS FOR THE SEVERAL STATES, OR BY REASON OF ANY OTHER
APPLICABLE LAW, (1) TO NOTICE AND TO JUDICIAL HEARING PRIOR TO THE EXERCISE BY
LENDER OF ANY RIGHT OR REMEDY HEREIN PROVIDED TO LENDER, EXCEPT SUCH NOTICE (IF
ANY) AS IS SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE PROVISIONS OF THIS
SECURITY INSTRUMENT, THE NOTE, THE LOAN AGREEMENT AND THE OTHER LOAN DOCUMENTS
AND (2) CONCERNING THE APPLICATION, RIGHTS OR BENEFITS OF ANY STATUTE OF
LIMITATION OR ANY MORATORIUM, REINSTATEMENT, MARSHALLING, FORBEARANCE,
APPRAISEMENT, VALUATION, STAY, EXTENSION, HOMESTEAD, EXEMPTION OR REDEMPTION
LAWS; (C) ACKNOWLEDGES THAT BORROWER HAS READ THIS SECURITY INSTRUMENT AND ANY
AND ALL QUESTIONS OF BORROWER REGARDING THE LEGAL EFFECT OF THIS SECURITY
INSTRUMENT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO BORROWER, AND
BORROWER HAS CONSULTED WITH COUNSEL OF BORROWER'S CHOICE PRIOR TO EXECUTING THIS
SECURITY INSTRUMENT; AND (D) ACKNOWLEDGES THAT ALL WAIVERS OF THE AFORESAID
RIGHTS OF BORROWER HAVE BEEN MADE KNOWINGLY, INTENTIONALLY AND WILLINGLY BY
BORROWER AS PART OF A BARGAINED FOR LOAN TRANSACTION.
Section 16.5.
Security Title.
The words "lien and security interest
hereof," or words of similar import shall mean the liens, security interests and
security title herein conveyed.
Article 17 - Ground Lease Provisions
Section 17.1.
No Merger of Fee and Leasehold Estates; Releases.
So
long as any portion of the Debt shall remain unpaid, unless Lender shall
otherwise consent, the fee title to the Land and the Leasehold Estate shall not
merge but shall always be kept separate and distinct, notwithstanding the union
of such estates in Holdco, Tenantco, or in any other Person by purchase,
operation of law or otherwise.
Lender reserves the right, at any time, to
release portions of the Property, including, but not limited to, the Leasehold
Estate, with or without consideration, at Lender's election, without waiving or
affecting any of its rights hereunder or under the Note or the other Loan
Documents and any such release shall not affect Lender's rights in connection
with the portion of the Property not so released.
Section 17.2.
Intentionally omitted.
Section 17.3.
Bankruptcy.
(a)
Subject to the terms of the Loan Agreement, Tenantco shall not, in
any event,