ANY JUDGMENTS AND
PENDING OR THREATENED MATERIAL LITIGATION AGAINST GUARANTOR, BORROWER OR THE
PROPERTY PROMPTLY UPON GUARANTOR'S AWARENESS OF SUCH LITIGATION;
(II)
ON OR BEFORE APRIL 30 OF EACH YEAR DURING
THE TERM OF THE LOAN, FEDERAL AND STATE INCOME TAX RETURNS OF GUARANTOR
CERTIFIED TO BE TRUE, COMPLETE AND CORRECT BY AN AUTHORIZED REPRESENTATIVE OF
GUARANTOR, AS APPROPRIATE; PROVIDED, THAT IF AN EXTENSION IS FILED BY GUARANTOR
WITH THE INTERNAL REVENUE SERVICE OR APPLICABLE STATE REVENUE DEPARTMENT, THEN
IF LENDER IS PROVIDED A TRUE, CORRECT AND COMPLETE COPY OF SUCH EXTENSION,
GUARANTOR MAY DELIVER SUCH INCOME TAX RETURNS TO LENDER SIMULTANEOUSLY UPON THE
FILING THEREOF;
(III)
WITHIN NINETY (90) DAYS OF THE END OF EACH
FISCAL YEAR, COMPLETED, SIGNED AND DATED ANNUAL FINANCIAL STATEMENTS, INCLUDING
INCOME STATEMENTS AND BALANCE SHEETS, OF GUARANTOR, WITH SUCH VERIFICATIONS,
SUPPORTING DOCUMENTATION OR ADDITIONAL STATEMENTS AS LENDER MAY REASONABLY
REQUEST, CERTIFIED BY AN OFFICER OF GUARANTOR AS BEING TRUE, CORRECT AND
COMPLETE; AND
(IV)
GUARANTOR SHALL PROVIDE, FROM TIME TO TIME
DURING THE TERM HEREOF, SUCH OTHER INFORMATION AND REPORTS, FINANCIAL AND
OTHERWISE, CONCERNING BORROWER, GUARANTOR AND THE PROPERTY AS LENDER MAY
REASONABLY REQUEST.
(B)
UPON DEMAND BY LENDER, AT ANY TIME AND FROM
TIME TO TIME, WHETHER OR NOT AN EVENT OF DEFAULT HAS OCCURRED UNDER THE NOTE,
THE LOAN AGREEMENT OR ANY OTHER LOAN DOCUMENT, GUARANTOR SHALL EXECUTE A
REAFFIRMATION OF AND SHALL REMAKE THIS GUARANTY AS OF SUCH DATE.
FAILURE OF
GUARANTOR TO REAFFIRM AND REMAKE THIS GUARANTY AT ANY TIME, ON DEMAND, SHALL BE
AN EVENT OF DEFAULT HEREUNDER AND UNDER THE NOTE, THE LOAN AGREEMENT AND THE
OTHER LOAN DOCUMENTS, WITHOUT NOTICE OR OPPORTUNITY TO CURE.
20.
JURISDICTION AND VENUE.
(A)
TO THE MAXIMUM EXTENT PERMITTED BY LAW,
GUARANTOR AND LENDER EACH HEREBY AGREES THAT ALL ACTIONS OR PROCEEDINGS ARISING
IN CONNECTION WITH THIS GUARANTY BE TRIED AND DETERMINED IN A FEDERAL COURT OR
STATE COURT LOCATED IN THE COMMONWEALTH OF VIRGINIA.
(B)
TO THE MAXIMUM EXTENT PERMITTED BY LAW,
GUARANTOR AND LENDER EACH HEREBY EXPRESSLY WAIVES ANY RIGHT IT MAY HAVE TO
ASSERT THE DOCTRINE OF FORUM NON CONVENIENS OR TO OBJECT TO VENUE TO THE EXTENT
ANY PROCEEDING IS BROUGHT IN ACCORDANCE WITH THIS SECTION; PROVIDED, HOWEVER,
THAT ANY SUIT SEEKING ENFORCEMENT AGAINST ANY COLLATERAL OR OTHER PROPERTY MAY
BE BROUGHT, AT LENDER'S OPTION, IN THE COURTS OF ANY JURISDICTION WHERE SUCH
COLLATERAL OR OTHER PROPERTY MAY BE FOUND.
GUARANTOR HEREBY EXPRESSLY AND
IRREVOCABLY SUBMITS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS OF THE
COMMONWEALTH OF VIRGINIA FOR THE PURPOSE OF SUCH LITIGATION AS SET FORTH ABOVE
AND IRREVOCABLY AGREES TO BE BOUND BY ANY JUDGMENT RENDERED THEREBY IN
CONNECTION WITH SUCH LITIGATION.
GUARANTOR FURTHER IRREVOCABLY CONSENTS TO THE
SERVICE OF PROCESS BY CERTIFIED OR REGISTERED MAIL, POSTAGE PREPAID, OR BY
PERSONAL SERVICE AT THE ADDRESS OF GUARANTOR STATED ABOVE OR ANY OTHER METHOD
PERMITTED BY LAW.
TO THE EXTENT THAT GUARANTOR HAS OR HEREAFTER MAY ACQUIRE ANY
IMMUNITY FROM JURISDICTION OF ANY COURT