DOCUMENTS, AS APPLICABLE ARE IN FULL FORCE AND
EFFECT SO THAT NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS MODIFYING IN ANY
MANNER THE LOAN DOCUMENTS. BUYER SPECIFICALLY EXTENDS THE LIENS AND SECURITY
INTERESTS OF THE SECURITY DOCUMENTS AND AGREES THAT THE SECURITY DOCUMENTS AAAA)
SHALL COVER THE LOAN, AND BBBB) SHALL CONTINUE TO BE IN FULL FORCE AND EFFECT
UNTIL THE LOAN IS PAID IN FULL AND ALL OTHER OBLIGATIONS UNDER THE LOAN
DOCUMENTS ARE FULLY PERFORMED AND SATISFIED.
BUYER HEREBY AGREES THAT THIS
AGREEMENT IN NO WAY ACTS AS A DIMINISHMENT, IMPAIRMENT, RELEASE OR
RELINQUISHMENT OF THE LIENS, POWER, TITLE, SECURITY INTEREST AND RIGHTS SECURING
OR GUARANTEEING PAYMENT OF THE LOAN.
THE SECURITY DOCUMENTS ARE HEREBY RENEWED,
EXTENDED, RATIFIED, CONFIRMED AND CARRIED FORWARD BY BUYER IN ALL RESPECTS.
NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS A WAIVER OF ANY RIGHTS, REMEDIES,
OR RECOURSES AVAILABLE TO LENDER WITH RESPECT TO ANY DEFAULT BY BUYER UNDER THIS
AGREEMENT OR ANY OF THE LOAN DOCUMENTS, AS APPLICABLE.
EXCEPT AS OTHERWISE
PROVIDED HEREIN, LENDER HEREBY PRESERVES ALL OF ITS RIGHTS AGAINST BUYER, AND
ALL ITS COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE PROPERTY.
23.
PROHIBITED TRANSFERS.
BUYER AND GUARANTOR HEREBY ACKNOWLEDGE AND
AFFIRM ALL OF THE TERMS, PROVISIONS, CONDITIONS, COVENANTS AND RESTRICTIONS SET
FORTH IN SECTION 15 OF THE MORTGAGE.
24.
NO JURY TRIAL.
SELLER, BUYER, ORIGINAL GUARANTOR, GUARANTOR AND
LENDER HEREBY SEVERALLY, VOLUNTARILY, KNOWINGLY AND INTELLIGENTLY WAIVE ANY AND
ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING UNDER THE
NOTE, MORTGAGE OR ANY OTHER LOAN DOCUMENT OR CONCERNING THE OBLIGATIONS UNDER
THE LOAN DOCUMENTS AND/OR WITH REGARD TO THE PROPERTY OR PERTAINING TO ANY
TRANSACTION RELATED TO OR CONTEMPLATED IN THE MORTGAGE, REGARDLESS OF WHETHER
SUCH ACTION OR PROCEEDING CONCERNS ANY CONTRACTUAL OR TORTUOUS OR OTHER CLAIM,
SELLER AND BUYER ACKNOWLEDGE THAT THIS WAIVER OF JURY TRIAL IS A MATERIAL
INDUCEMENT TO LENDER IN EXTENDING THE CREDIT DESCRIBED HEREIN, THAT LENDER WOULD
NOT HAVE EXTENDED SUCH CREDIT WITHOUT THIS JURY TRIAL WAIVER, AND THE SELLER HAS
BEEN REPRESENTED BY AN ATTORNEY OR HAS HAD AN OPPORTUNITY TO CONSULT WITH AN
ATTORNEY IN CONNECTION WITH THE MORTGAGE AND UNDERSTANDS THE LEGAL EFFECT OF
THIS JURY TRIAL WAIVER.
25.
HEADINGS.
THE SECTION HEADINGS CONTAINED HEREIN ARE INTENDED FOR
CONVENIENCE OF REFERENCE AND SHALL NOT BE DEEMED TO DEFINE, LIMIT OR DESCRIBE
THE SCOPE OR INTENT OF THE RESPECTIVE PROVISIONS OF THIS AGREEMENT.
26.
BANKRUPTCY OF BUYER.
BUYER AS A MATERIAL INDUCEMENT TO LENDER TO
ENTER INTO THIS AGREEMENT, AND IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED IN THIS AGREEMENT, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, BY
ITS EXECUTION HEREOF COVENANTS AND AGREES THAT IN THE EVENT BUYER SHALL CCCC)
FILE ANY
10
PETITION WITH ANY BANKRUPTCY COURT OR BE THE SUBJECT OF ANY PETITION UNDER THE
UNITED STATES BANKRUPTCY CODE (11 U.S.C. §101 ET SEQ., THE "CODE"), DDDD) FILE
OR BE THE SUBJECT OF ANY PETITION SEEKING ANY REORGANIZATION, ARRANGEMENT,
COMPOSITION, READJUSTMENT, LIQUIDATION, DISSOLUTION, OR SIMILAR RELIEF UNDER ANY