SUCH JURISDICTION IN ANY ACTION OR SUIT
COMMENCED IN ANY SUCH COURT, AND BORROWER HEREBY WAIVES ANY OBJECTION WHICH IT
MAY HAVE BASED UPON LACK OF
J-18
PERSONAL JURISDICTION, IMPROPER VENUE OR FORUM NON CONVENIENS AND HEREBY
CONSENTS TO THE GRANTING OF SUCH LEGAL OR EQUITABLE RELIEF AS IS DEEMED
APPROPRIATE BY SUCH COURT.
BORROWER HEREBY WAIVES PERSONAL SERVICE OF THE
SUMMONS, COMPLAINT AND OTHER PROCESS ISSUED IN ANY SUCH ACTION OR SUIT AND
AGREES THAT SERVICE OF SUCH SUMMONS, COMPLAINTS AND OTHER PROCESS MAY BE MADE TO
BORROWER AS SET FORTH IN SECTION 6.2 AND THAT SERVICE SO MADE SHALL BE DEEMED
COMPLETED UPON THE BORROWER'S ACTUAL RECEIPT THEREOF.
(C)
TO THE EXTENT PERMITTED BY LAW, IN CONNECTION WITH ANY ACTION OR
PROCEEDING, WHETHER BROUGHT IN STATE OR FEDERAL COURT, OWNER TRUSTEE AND
MORTGAGEE EACH HEREBY EXPRESSLY, INTENTIONALLY AND DELIBERATELY WAIVE ANY RIGHT
SUCH PARTY MAY OTHERWISE HAVE TO A TRIAL BY JURY.
(D)
TO THE EXTENT PERMITTED BY LAW, SERVICE OF PROCESS IN ANY ACTION
AGAINST THE OWNER TRUSTEE OR THE MORTGAGEE MAY BE MADE BY REGISTERED OR
CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO ITS ADDRESS INDICATED HEREIN.
(E)
THE OWNER TRUSTEE AGREES THAT ANY FINAL JUDGMENT RENDERED AGAINST
IT IN ANY ACTION OR PROCEEDING SHALL BE CONCLUSIVE AS TO THE SUBJECT OF SUCH
FINAL JUDGMENT AND MAY BE ENFORCED IN OTHER JURISDICTIONS IN ANY MANNER PROVIDED
BY LAW.
SECTION 6.05
SEVERABILITY.
THE INVALIDITY OF ANY ONE OR MORE OF THE
PROVISIONS OF THIS MORTGAGE SHALL NOT AFFECT THE REMAINING PROVISIONS OF THIS
MORTGAGE; IF ANY ONE OR MORE OF THE PROVISIONS OF THIS MORTGAGE SHOULD BE HELD
BY ANY COURT OF LAW TO BE INVALID, OR SHOULD OPERATE TO RENDER THIS MORTGAGE
INVALID OR TO IMPAIR THE LIEN AND SECURITY INTEREST OF THIS MORTGAGE ON ALL OR
THE MAJOR PORTION OF THE PROPERTY INTENDED TO HE MORTGAGED HEREUNDER, THIS
MORTGAGE SHALL BE CONSTRUED AS IF SUCH PROVISIONS HAD NOT BEEN CONTAINED
THEREIN.
SECTION 6.06
ENTIRE AGREEMENT.
THIS MORTGAGE (INCLUDING ALL EXHIBITS
HERETO) AND THE DOCUMENTS EXECUTED PURSUANT HERETO CONSTITUTE THE ENTIRE
AGREEMENT OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDE
ALL PRIOR AGREEMENTS, COMMITMENTS, UNDERSTANDINGS OR INDUCEMENTS (ORAL OR
WRITTEN, EXPRESSED OR IMPLIED), AND MAY NOT BE MODIFIED, ALTERED OR AMENDED
EXCEPT BY A WRITTEN AGREEMENT SIGNED BY OWNER TRUSTEE AND MORTGAGEE.
SECTION 6.07
COUNTERPARTS.
THIS MORTGAGE MAY BE EXECUTED
SIMULTANEOUSLY IN TWO OR MORE COUNTERPARTS, EACH OF WHICH SHALL BE DEEMED AN
ORIGINAL, BUT ALL OF WHICH TOGETHER SHALL CONSTITUTE ONE AND THE SAME
INSTRUMENT.
NO MODIFICATION OR WAIVER OF ANY PROVISION HEREOF SHALL BE
EFFECTIVE UNLESS THE SAME IS IN WRITING AND SIGNED BY THE PARTY AGAINST WHOM ITS
ENFORCEMENT IS SOUGHT.
SECTION 6.08
CREDIT AGREEMENT TO CONTROL.
IN THE EVENT OF A CONFLICT
BETWEEN THE TERMS OF THIS MORTGAGE AND THE TERMS OF THE CREDIT AGREEMENT OR THE
OWNER TRUSTEE GUARANTY, THE TERMS OF THE CREDIT AGREEMENT AND THE OWNER TRUSTEE
GUARANTY SHALL CONTROL.
J-19
Section 6.09
Section