BE MODIFIED, AMENDED, WAIVED, EXTENDED, CHANGED, DISCHARGED OR TERMINATED
ORALLY OR BY ANY ACT ON THE PART OF BORROWER OR LENDER, BUT ONLY BY AN AGREEMENT
IN WRITING SIGNED BY THE PARTY AGAINST WHOM ENFORCEMENT OF ANY MODIFICATION,
AMENDMENT, WAIVER, EXTENSION, CHANGE, DISCHARGE OR TERMINATION IS SOUGHT.
SECTION 18.08. INTENTIONALLY OMITTED.
SECTION 18.09. HEADINGS; CONSTRUCTION OF DOCUMENTS; ETC. THE TABLE OF CONTENTS,
HEADINGS AND CAPTIONS OF VARIOUS PARAGRAPHS OF THIS SECURITY INSTRUMENT ARE FOR
CONVENIENCE OF REFERENCE ONLY AND ARE NOT TO BE CONSTRUED AS DEFINING OR
LIMITING, IN ANY WAY, THE SCOPE OR INTENT OF THE PROVISIONS HEREOF. BORROWER
ACKNOWLEDGES THAT IT WAS REPRESENTED BY COMPETENT COUNSEL IN CONNECTION WITH THE
NEGOTIATION AND DRAFTING OF THIS SECURITY INSTRUMENT AND THE OTHER LOAN
DOCUMENTS AND THAT NEITHER THIS SECURITY INSTRUMENT NOR THE OTHER LOAN DOCUMENTS
SHALL BE SUBJECT TO THE PRINCIPLE OF CONSTRUING THE MEANING AGAINST THE PERSON
WHO DRAFTED SAME.
SECTION 18.10. SOLE DISCRETION OF LENDER. WHENEVER LENDER EXERCISES ANY RIGHT
GIVEN TO IT TO APPROVE OR DISAPPROVE, OR ANY ARRANGEMENT OR TERM IS TO BE
SATISFACTORY TO LENDER, THE DECISION OF LENDER TO APPROVE OR DISAPPROVE OR TO
DECIDE THAT ARRANGEMENTS OR TERMS ARE SATISFACTORY OR NOT SATISFACTORY SHALL BE
IN THE SOLE DISCRETION OF LENDER AND SHALL BE FINAL AND CONCLUSIVE, EXCEPT AS
MAY BE OTHERWISE SPECIFICALLY PROVIDED HEREIN.
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SECTION 18.11. WAIVER OF NOTICE AND JURY TRIAL. BORROWER SHALL NOT BE ENTITLED
TO ANY NOTICES OF ANY NATURE WHATSOEVER FROM LENDER EXCEPT WITH RESPECT TO
MATTERS FOR WHICH THIS SECURITY INSTRUMENT OR ANY OF THE OTHER LOAN DOCUMENTS
SPECIFICALLY AND EXPRESSLY PROVIDES FOR THE GIVING OF NOTICE BY LENDER TO
BORROWER AND EXCEPT WITH RESPECT TO MATTERS FOR WHICH BORROWER IS NOT, PURSUANT
TO APPLICABLE LEGAL REQUIREMENTS, PERMITTED TO WAIVE THE GIVING OF NOTICE.
BORROWER AND LENDER HEREBY WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING
BROUGHT BY EITHER PARTY HERETO.
SECTION 18.12. COVENANTS RUN WITH THE LAND. ALL OF THE GRANTS, COVENANTS, TERMS,
PROVISIONS AND CONDITIONS HEREIN SHALL RUN WITH THE PREMISES, SHALL BE BINDING
UPON BORROWER AND SHALL INURE TO THE BENEFIT OF LENDER, SUBSEQUENT HOLDERS OF
THIS SECURITY INSTRUMENT AND THEIR SUCCESSORS AND ASSIGNS. WITHOUT LIMITATION TO
ANY PROVISION HEREOF, THE TERM "BORROWER" SHALL INCLUDE AND REFER TO THE
BORROWER NAMED HEREIN, ANY SUBSEQUENT OWNER OF THE PROPERTY, AND ITS RESPECTIVE
HEIRS, EXECUTORS, LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS. THE
REPRESENTATIONS, WARRANTIES AND AGREEMENTS CONTAINED IN THIS SECURITY INSTRUMENT
AND THE OTHER LOAN DOCUMENTS ARE INTENDED SOLELY FOR THE BENEFIT OF THE PARTIES
HERETO, SHALL CONFER NO RIGHTS HEREUNDER, WHETHER LEGAL OR EQUITABLE, IN ANY
OTHER PERSON AND NO OTHER PERSON SHALL BE ENTITLED TO RELY THEREON.
SECTION 18.13. APPLICABLE LAW. THIS SECURITY INSTRUMENT AND THE OBLIGATIONS
ARISING HEREUNDER SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE
LAWS OF THE STATE OF ILLINOIS APPLICABLE TO CONTRACTS MADE AND PERFORMED IN SUCH
STATE AND ANY APPLICABLE LAW OF THE UNITED STATES OF AMERICA.
SECTION 18.14. SECURITY AGREEMENT. (A)
(I)
THIS SECURITY