business day (i.e., any day which
is not a Saturday, Sunday or legal holiday), such Performance Date shall be
automatically extended to the next business day.
18. WAIVER OF RIGHT TO TRIAL BY JURY. EACH PARTY TO THIS INDEMNITY HEREBY
EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR
CAUSE OF ACTION (a) ARISING UNDER THE CREDIT DOCUMENTS, INCLUDING, WITHOUT
LIMITATION, ANY PRESENT OR FUTURE MODIFICATION THEREOF OR (b) IN ANY WAY
CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO OR
ANY OF THEM WITH RESPECT TO THE CREDIT DOCUMENTS (AS NOW OR HEREAFTER MODIFIED)
OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN
CONNECTION HEREWITH, OR THE TRANSACTIONS RELATED HERETO OR THERETO, IN EACH CASE
WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT OR
TORT OR OTHERWISE; AND EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY PARTY TO
THIS INDEMNITY MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH
ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE WAIVER
OF THEIR RIGHT TO TRIAL BY JURY.
[Signature Page Follows]
8
IN WITNESS WHEREOF, this Indemnity has been executed as of the date first set
forth above.
SIR WINDSOR ON THE RIVER, LLC, a
Delaware limited liability company
By:
Steadfast Income Advisor, LLC, a
Delaware limited liability company By:
/s/ Rodney F. Emery
Name: Rodney F. Emery
Title: CEO and President STEADFAST INCOME REIT, INC.
By:
/s/ Rodney F. Emery
Name: Rodney F. Emery
Title: CEO and President PNC BANK, NATIONAL
ASSOCIATION By:
/s/ Sandeep K. Patel
Name: Sandeep K. Patel
Title: Vice President
EXHIBIT A
Real property in the City of Cedar Rapids, County of Linn, State of Iowa,
described as follows:
Lot 1 of Windsor-on-the-River First Addition and Lot 2 and Lot 3 of
Windsor-on-the-River Second Addition and Lot 4 of Windsor-on-the-River Third
Addition and Lot 5 of Windsor-on-the-River Fourth Addition, all in the North
one-half of the Northeast Quarter of Section 18, Township 83 North, Range 7 West
of the 5th Principal Meridian, Cedar Rapids, Linn County, Iowa.
APN: 14-18-1-01-002-0-0000 and 14-18-1-03-001-0-0000 and 14-18-1-26-001-0-0000
and 14-18-1-26-002-0-0000 and 14-18-1-26-003-0-0000