HOMESTEAD.
BORROWER HEREBY WAIVES AND
RENOUNCES ALL HOMESTEAD AND EXEMPTION RIGHTS PROVIDED BY THE CONSTITUTION AND
THE LAWS OF THE UNITED STATES AND OF ANY STATE, IN AND TO THE PROPERTY AS
AGAINST THE COLLECTION OF THE DEBT, OR ANY PART THEREOF.
21.
ASSIGNMENTS.
LENDER SHALL HAVE THE RIGHT TO
ASSIGN OR TRANSFER ITS RIGHTS UNDER THIS SECURITY INSTRUMENT IN CONNECTION WITH
ANY TRANSFER OF ITS INTEREST IN THE LOAN, OR ANY PORTION THEREOF, IN ACCORDANCE
WITH THE LOAN AGREEMENT.
ANY ASSIGNEE OR TRANSFEREE SHALL BE ENTITLED TO ALL
THE BENEFITS AFFORDED LENDER UNDER THIS SECURITY INSTRUMENT.
22.
WAIVER OF JURY TRIAL.
BORROWER AND BY ITS
FUNDING OF THE LOAN, LENDER, HEREBY AGREE NOT TO ELECT A TRIAL BY JURY OF ANY
ISSUE TRIABLE OF RIGHT BY JURY, AND WAIVE ANY RIGHT TO TRIAL BY JURY FULLY TO
THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST WITH REGARD TO THIS
SECURITY INSTRUMENT OR ANY OTHER LOAN DOCUMENT, OR ANY CLAIM, COUNTERCLAIM OR
OTHER ACTION ARISING IN CONNECTION THEREWITH.
THIS WAIVER OF RIGHT TO TRIAL BY
JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY BORROWER, AND IS INTENDED TO
ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A
TRIAL BY JURY WOULD OTHERWISE ACCRUE.
EITHER PARTY HERETO IS HEREBY AUTHORIZED
TO FILE A COPY OF THIS PARAGRAPH IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF
THIS WAIVER BY BORROWER.
23.
CONSENTS.
ANY CONSENT OR APPROVAL BY LENDER
IN ANY SINGLE INSTANCE SHALL NOT BE DEEMED OR CONSTRUED TO BE LENDER'S CONSENT
OR APPROVAL IN ANY LIKE MATTER ARISING AT A SUBSEQUENT DATE, AND THE FAILURE OF
LENDER TO PROMPTLY EXERCISE ANY RIGHT, POWER, REMEDY,
CONSENT OR APPROVAL PROVIDED HEREIN OR AT LAW OR IN EQUITY SHALL NOT CONSTITUTE
OR BE CONSTRUED AS A WAIVER OF THE SAME NOR SHALL LENDER BE ESTOPPED FROM
EXERCISING SUCH RIGHT, POWER, REMEDY, CONSENT OR APPROVAL AT A LATER DATE.
ANY
CONSENT OR APPROVAL REQUESTED OF AND GRANTED BY LENDER PURSUANT HERETO SHALL BE
NARROWLY CONSTRUED TO BE APPLICABLE ONLY TO BORROWER AND THE MATTER IDENTIFIED
IN SUCH CONSENT OR APPROVAL AND NO THIRD PARTY SHALL CLAIM ANY BENEFIT BY REASON
THEREOF, AND ANY SUCH CONSENT OR APPROVAL SHALL NOT BE DEEMED TO CONSTITUTE
LENDER A VENTURER OR PARTNER WITH BORROWER NOR SHALL PRIVITY OF CONTRACT BE
PRESUMED TO HAVE BEEN ESTABLISHED WITH ANY SUCH THIRD PARTY.
IF LENDER DEEMS IT
TO BE IN ITS BEST INTEREST TO RETAIN ASSISTANCE OF PERSONS, FIRMS OR
CORPORATIONS (INCLUDING ATTORNEYS, TITLE INSURANCE COMPANIES, APPRAISERS,
ENGINEERS AND SURVEYORS) WITH RESPECT TO A REQUEST FOR CONSENT OR APPROVAL,
BORROWER SHALL REIMBURSE LENDER FOR ALL COSTS REASONABLY INCURRED IN CONNECTION
WITH THE EMPLOYMENT OF SUCH PERSONS, FIRMS OR CORPORATIONS.
24.
EMPLOYEE BENEFIT PLAN.
DURING THE TERM OF
THIS SECURITY INSTRUMENT, UNLESS LENDER SHALL HAVE PREVIOUSLY CONSENTED IN
WRITING, (I) BORROWER SHALL TAKE NO ACTION THAT WOULD CAUSE IT TO BECOME AN
"EMPLOYEE BENEFIT PLAN" AS DEFINED IN 29 C.F.R. SECTION 2510.3-101, OR "ASSETS
OF A