any other party
contracted by Lender. Borrower shall pay all fees incurred by Lender for
inspections of the Mortgaged Property. Furthermore, if Lender determines in
connection with any such inspection that extra services will be required,
Borrower shall pay, in addition to the fees for such inspection, the cost of all
such extra services.
9.20
Brokerage.
Borrower represents and warrants to Lender that
Borrower has not dealt with any person, firm or corporation who is or may be
entitled to any finder's fee, brokerage commission, loan commission or other sum
in connection with the execution of this Security Deed, the consummation of the
transactions contemplated hereby or the making of the loan secured hereby by
Lender to Borrower, and Borrower does hereby indemnify and agree to hold Lender
harmless from and against any and all loss, liability or expense, including
court costs and reasonable attorneys fees and expenses, which Lender may suffer
or sustain should such warranty or representation prove inaccurate in whole or
in part.
9.21
CONSENT TO JURISDICTION: WAIVER OF RIGHT TO TRIAL BY
JURY.
BORROWER HEREBY IRREVOCABLY SUBMITS TO THE NON-EXCLUSIVE JURISDICTION OF
ANY UNITED STATES FEDERAL OR STATE OF GEORGIA COURT SITTING IN FULTON COUNTY,
GEORGIA, AND HEREBY EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF, ANY CLAIM,
DEMAND, PROCEEDING ACTION OR CAUSE OF ACTION (A) ARISING UNDER THIS SECURITY
DEED, ANY OTHER LOAN
34
DOCUMENT OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN
CONNECTION HEREWITH OR THEREWITH, OR (B) IN ANY WAY CONNECTED WITH OR RELATED OR
INCIDENTAL TO THE DEALINGS OF BORROWER AND LENDER WITH RESPECT TO THIS SECURITY
DEED, ANY OTHER LOAN DOCUMENT OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT
EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THEREWITH, OR THE TRANSACTIONS
RELATED HERETO OR THERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER
ARISING, AND WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE; AND BORROWER
HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF
ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THAT LENDER MAY FILE
AN ORIGINAL COUNTERPART OR A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN
EVIDENCE OF THE CONSENT OF BORROWER TO JURISDICTION AND THE WAIVER OF ITS RIGHT
TO TRIAL BY JURY. BORROWER ACKNOWLEDGES AND AGREES THAT THE WITHIN CONSENT AND
WAIVER ARE MATERIAL INDUCEMENTS TO LENDER TO MAKE THE LOAN.
9.22
Releases.
For release provisions, see Exhibit "C" attached
hereto and by this reference made a part hereof.
IN WITNESS WHEREOF, Borrower has executed this Security Deed under seal,
as of the day and year first above written.
Signed, sealed and delivered
BORROWER
in the presence of:
ROBERTS PROPERTIES RESIDENTIAL, L.P.,
a Georgia limited partnership
/s/
Gregory A. Randall
Unofficial Witness
By: Roberts
Realty Investors, Inc.,
/s/ Catherine S. Moore
a
Georgia corporation,
Notary Public
its sole general partner
Commission Expiration:
By:
/s/ Greg M. Burnett
Name: Greg M. Burnett
June 15,
2007
Title:
Secretary-Treasurer
(NOTARIAL SEAL)
(CORPORATE SEAL)
35
EXHIBIT "A"
(Legal