THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
BORROWER AND LENDER HEREBY WAIVE ANY RIGHT THAT EITHER OR BOTH MAY HAVE TO A
TRIAL BY JURY ON ANY CLAIM, COUNTERCLAIM, SETOFF, DEMAND, ACTION OR CAUSE OF
ACTION (A) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE LOAN,
OR (B) IN ANY WAY CONNECTED WITH OR PERTAINING OR RELATED TO OR INCIDENTAL TO
ANY DEALINGS OF LENDER AND/OR BORROWER WITH RESPECT TO THE LOAN DOCUMENTS OR IN
CONNECTION WITH THIS AGREEMENT OR THE EXERCISE OF EITHER PARTY'S RIGHTS AND
REMEDIES UNDER THIS AGREEMENT OR OTHERWISE OR THE CONDUCT OR THE RELATIONSHIP OF
THE PARTIES HERETO, IN ALL OF THE FOREGOING CASES WHETHER NOW EXISTING OR
HEREAFTER ARISING AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.
Loan Agreement - Page 49
BORROWER AGREES THAT LENDER MAY FILE A COPY OF THIS AGREEMENT WITH ANY COURT AS
WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY, AND BARGAINED AGREEMENT OF BORROWER
IRREVOCABLY TO WAIVE ITS RIGHTS TO TRIAL BY JURY AS AN INDUCEMENT TO LENDER TO
MAKE THE LOAN, AND THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE
OR CONTROVERSY WHATSOEVER (WHETHER OR NOT MODIFIED HEREIN) BETWEEN BORROWER AND
LENDER SHALL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE
SITTING WITHOUT A JURY.
[SIGNATURES BEGIN ON NEXT PAGE]
Loan Agreement - Page 50
IN WITNESS WHEREOF, Borrower and Lender have caused this Agreement to be
properly executed by their respective duly authorized representatives as of the
date first above written.
WITNESS:
BORROWER:
/s/ Susana Carcasona
CHP II SUMMER VISTA FL OWNER, LLC, a Delaware limited liability company
Print Name:
Susana Carcasona
By:
/s/ Henry E. Moorhead
Henry E. Moorhead
Its Vice President
[Lender's Signature on Following Page]
Loan Agreement - Signature Page
WITNESS:
LENDER:
SYNOVUS BANK,
/s/ Peggy L. Scarborough
a Georgia banking corporation Print Name:
Peggy L. Scarborough
By:
/s/ Malana C. Bryant
Malana C. Bryant
Its Director
Loan Agreement - Signature Page
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 2, New Hope Place, a replat of a portion of Mallory Heights Unit #3 and
subdivision of a portion of Section 16, Township 1 South, Range 29 West, City of
Pensacola, Escambia County, Florida as recorded in Plat Book 19 at page 17 of
the public records of said County.
Loan Agreement - Exhibit C - Page 1
EXHIBIT "B"
BORROWER'S PRINCIPAL PLACE OF BUSINESS
AND CHIEF EXECUTIVE OFFICE
Principal Place of Business:
3450 Wimbledon Drive
Pensacola, Florida 32504
Chief Executive Office:
CNL Center at City Commons
450 South Orange Avenue
Orlando, FL 32801
Loan Agreement - Exhibit D - Page 1
EXHIBIT "C"
OWNERSHIP INTERESTS IN BORROWER
LOGO [g373543ex10_4pg55new.jpg]
Loan Agreement - Exhibit E - Page 1
EXHIBIT "D"
COMPLIANCE CERTIFICATE
Synovus Bank
Seniors Housing and Healthcare Lending
800 Shades Creek Parkway, Suite 325
Birmingham, AL 35209
Re: Loan Agreement dated March 31, 2017 (together with amendments, if any, the
"Loan Agreement"), by and between Synovus Bank, as Lender,