AND VOLUNTARILY AND INTELLIGENTLY WAIVE THEIR CONSTITUTIONAL RIGHT TO A TRIAL BY
JURY WITH RESPECT TO ANY CLAIM, DISPUTE, CONFLICT OR CONTENTION, IF ANY, AS MAY
ARISE UNDER THIS AGREEMENT, AND AGREE THAT ANY LITIGATION BETWEEN THE PARTIES
CONCERNING THIS AGREEMENT SHALL BE HEARD BY A COURT OF COMPETENT JURISDICTION
SITTING WITHOUT A JURY. BORROWER AND SUBORDINATING CREDITOR HEREBY CONFIRM TO
SENIOR LENDER THAT THEY HAVE REVIEWED THE EFFECT OF THIS WAIVER OF JURY TRIAL
WITH COMPETENT LEGAL COUNSEL OF THEIR CHOICE, OR HAVE BEEN AFFORDED THE
OPPORTUNITY TO DO SO, PRIOR TO SIGNING THIS AGREEMENT AND EACH ACKNOWLEDGE AND
AGREE THAT SENIOR LENDER IS RELYING UPON THIS WAIVER IN EXTENDING THE LOAN TO
BORROWER.
23. Consent to Jurisdiction: BORROWER AND SUBORDINATING CREDITOR HEREBY WAIVE
ANY PLEA OF JURISDICTION OR VENUE HEREBY SPECIFICALLY AUTHORIZE ANY ACTION
BROUGHT TO ENFORCE BORROWER'S OR SUBORDINATING CREDITOR'S OBLIGATIONS TO SENIOR
LENDER TO BE INSTITUTED AND PROSECUTED IN OR A DISTRICT COURT WITHIN THE
BOUNDARIES OF SENIOR LENDER'S CHOICE, AS APPROPRIATE, OR IN THE UNITED STATES
DISTRICT COURT OF SENIOR LENDERS CHOICE AT THE ELECTION OF SENIOR LENDER, AND
BORROWER AND SUBORDINATING CREDITOR HEREBY SUBMIT TO THE JURISDICTION OF SUCH
COURT.
_____________________________________
Mr. Mark Bell
40
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