TO BORROWER AND EXCEPT WITH RESPECT TO MATTERS FOR WHICH LENDER IS
REQUIRED BY APPLICABLE LAW TO GIVE NOTICE, AND BORROWER HEREBY EXPRESSLY WAIVES
THE RIGHT TO RECEIVE ANY NOTICE FROM LENDER WITH RESPECT TO ANY MATTER FOR WHICH
THIS MORTGAGE DOES NOT SPECIFICALLY AND EXPRESSLY PROVIDE FOR THE GIVING OF
NOTICE BY LENDER OR TRUSTEE TO BORROWER.
SECTION 10.4.
WAIVER OF STATUTE OF LIMITATIONS. TO
THE EXTENT PERMITTED BY APPLICABLE LAW, BORROWER HEREBY EXPRESSLY WAIVES AND
RELEASES TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLEADING OF ANY STATUTE OF
LIMITATIONS AS A DEFENSE TO PAYMENT OF THE DEBT OR PERFORMANCE OF ITS OTHER
OBLIGATIONS.
SECTION 10.5.
SURVIVAL. THE INDEMNIFICATIONS MADE
PURSUANT TO SECTIONS 9.3 AND 9.4 HEREIN AND THE REPRESENTATIONS AND WARRANTIES,
COVENANTS, AND OTHER OBLIGATIONS ARISING UNDER ARTICLE 8, SHALL CONTINUE
INDEFINITELY IN FULL FORCE AND EFFECT AND SHALL SURVIVE AND SHALL IN NO WAY BE
IMPAIRED BY:
ANY SATISFACTION OR OTHER TERMINATION OF THIS MORTGAGE, ANY
ASSIGNMENT OR OTHER TRANSFER OF ALL OR ANY PORTION OF THIS MORTGAGE OR LENDER'S
INTEREST IN THE PROPERTY (BUT, IN SUCH
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CASE, SHALL BENEFIT BOTH INDEMNIFIED PARTIES AND ANY ASSIGNEE OR TRANSFEREE),
ANY EXERCISE OF LENDER'S RIGHTS AND REMEDIES PURSUANT HERETO INCLUDING BUT NOT
LIMITED TO FORECLOSURE OR ACCEPTANCE OF A DEED IN LIEU OF FORECLOSURE, ANY
EXERCISE OF ANY RIGHTS AND REMEDIES PURSUANT TO THE LOAN AGREEMENT, THE NOTE OR
ANY OF THE OTHER LOAN DOCUMENTS, ANY TRANSFER OF ALL OR ANY PORTION OF THE
PROPERTY (WHETHER BY BORROWER OR BY LENDER FOLLOWING FORECLOSURE OR ACCEPTANCE
OF A DEED IN LIEU OF FORECLOSURE OR AT ANY OTHER TIME), ANY AMENDMENT TO THIS
MORTGAGE, THE LOAN AGREEMENT, THE NOTE OR THE OTHER LOAN DOCUMENTS, AND ANY ACT
OR OMISSION THAT MIGHT OTHERWISE BE CONSTRUED AS A RELEASE OR DISCHARGE OF
BORROWER FROM THE OBLIGATIONS PURSUANT HERETO. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED IN THIS MORTGAGE OR THE OTHER LOAN DOCUMENTS, BORROWER SHALL
NOT HAVE ANY OBLIGATIONS OR LIABILITIES UNDER THE INDEMNIFICATION UNDER
SECTION 9.4 HEREIN OR OTHER INDEMNIFICATIONS WITH RESPECT TO HAZARDOUS
SUBSTANCES CONTAINED IN THE OTHER LOAN DOCUMENTS WITH RESPECT TO THOSE
OBLIGATIONS AND LIABILITIES THAT BORROWER CAN PROVE AROSE SOLELY FROM HAZARDOUS
SUBSTANCES THAT (I) WERE NOT PRESENT ON OR A THREAT TO THE PROPERTY PRIOR TO THE
DATE THAT LENDER OR ITS NOMINEE ACQUIRED TITLE TO THE PROPERTY, WHETHER BY
FORECLOSURE, EXERCISE BY POWER OF SALE, ACCEPTANCE OF A DEED-IN-LIEU OF
FORECLOSURE OR OTHERWISE AND (II) WERE NOT THE RESULT OF ANY ACT OR NEGLIGENCE
OF BORROWER OR ANY OF BORROWER'S AFFILIATES, AGENTS OR CONTRACTORS.
ARTICLE 11
EXCULPATION
The provisions of Section 9.4 of the Loan Agreement are hereby incorporated by
reference into this Mortgage to the same extent and with the same force as if
fully set forth herein.
ARTICLE 12
NOTICES
All notices or other written communications hereunder shall be delivered in
accordance with Section 10.6 of the Loan Agreement.
ARTICLE 13
APPLICABLE LAW
SECTION 13.1.
GOVERNING LAW. THIS MORTGAGE SHALL BE
DEEMED