BY LAW BORROWER AND LENDER WAIVE ALL RIGHTS TO
TRIAL BY JURY OF ANY SUITS, CLAIMS, COUNTERCLAIMS, ACTIONS OR OTHER PROCEEDINGS
OF ANY KIND ARISING UNDER OR RELATING TO THIS NOTE, THE MORTGAGE, ANY OF THE
OTHER LOAN DOCUMENTS AND THE LOAN SECURED HEREBY, INCLUDING, WITHOUT LIMITATION,
ANY PRESENT OR FUTURE MODIFICATION THEREOF OR IN ANY WAY CONNECTED WITH OR
RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO OR ANY OF THEM WITH
RESPECT TO THE LOAN DOCUMENTS (AS NOW OR HEREAFTER MODIFIED) OR ANY OTHER
INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION THEREWITH
OR THE TRANSACTIONS RELATED THERETO, IN
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EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN
CONTRACT OR TORT OR OTHERWISE.
[Signature Page Follows]
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IN WITNESS WHEREOF, this Note has been executed and delivered as of the day
and year first above written.
BORROWER:
PACIFIC SUNWEAR STORES CORP.,
a California corporation
By:
/s/ Craig E. Gosselin
Name:
Craig E. Gosselin
Title:
President
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
LOT 1, PACIFIC SUNWEAR, AMENDED 1ST PLAT A SUBDIVISION IN THE CITY OF OLATHE,
JOHNSON COUNTY, KANSAS.
APN: DP557300000001
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