OR RELATED TO OR INCIDENTAL TO ANY
DEALINGS OF THE PARTIES HERETO WITH RESPECT TO THIS NOTE OR THE LOAN DOCUMENTS,
OR IN CONNECTION WITH THE TRANSACTIONS RELATED THERETO OR CONTEMPLATED THEREBY
OR THE EXERCISE OF EITHER PARTY'S RIGHTS AND REMEDIES THEREUNDER, IN ALL OF THE
FOREGOING CASES WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING
IN CONTRACT, TORT, OR OTHERWISE.
4
EACH MAKER
AND HOLDER AGREES THAT MAKERS AND HOLDER
MAY FILE A COPY OF THIS
WAIVER WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY, AND
BARGAINED-FOR AGREEMENT OF MAKER AND HOLDER IRREVOCABLY TO WAIVE ITS RIGHT TO
TRIAL BY JURY, AND THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE
OR CONTROVERSY WHATSOEVER BETWEEN MAKER AND HOLDER SHALL INSTEAD BE TRIED IN A
COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.
Signatures appear on following page
5
IN WITNESS WHEREOF, each Maker has caused this instrument to be properly
executed and delivered as of the day and year first above written.
MAKER:
CSCC PROPERTY HOLDINGS, LLC, a Georgia limited liability company
By:
/s/ Christopher F. Brogdon
Name:
Christopher F. Brogdon
Title:
Manager
CSCC NURSING, LLC, a Georgia limited liability company
By:
/s/ Christopher F. Brogdon
Name:
Christopher F. Brogdon
Title:
Manager
SIGNATURE PAGE TO PROMISSORY NOTE - ADCARE - AR