THE EXTENT PERMITTED BY LAW, THE BENEFIT OF ALL LEGAL REQUIREMENTS NOW OR
HEREAFTER IN FORCE REGARDING APPRAISEMENT, VALUATION, STAY, EXTENSION,
REINSTATEMENT AND REDEMPTION AND ALL RIGHTS OF MARSHALLING IN THE EVENT OF ANY
SALE HEREUNDER OF THE PROPERTY OR ANY PART THEREOF OR ANY INTEREST THEREIN.
FURTHER, BORROWER HEREBY EXPRESSLY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM
SALE UNDER ANY ORDER OR DECREE OF FORECLOSURE OF THIS SECURITY INSTRUMENT ON
BEHALF OF BORROWER, AND ON BEHALF OF EACH AND EVERY PERSON ACQUIRING ANY
INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS SECURITY
INSTRUMENT AND ON BEHALF OF ALL PERSONS TO THE EXTENT PERMITTED BY LEGAL
REQUIREMENTS.
SECTION 10.2
WAIVER OF NOTICE.
BORROWER SHALL NOT BE ENTITLED TO ANY
NOTICES OF ANY NATURE WHATSOEVER FROM MORTGAGEE EXCEPT WITH RESPECT TO MATTERS
FOR WHICH THIS SECURITY INSTRUMENT OR THE LOAN AGREEMENT SPECIFICALLY AND
EXPRESSLY PROVIDES FOR THE GIVING OF NOTICE BY MORTGAGEE TO BORROWER AND EXCEPT
WITH RESPECT TO MATTERS FOR WHICH BORROWER IS NOT PERMITTED BY LEGAL
REQUIREMENTS TO WAIVE ITS RIGHT TO RECEIVE NOTICE, AND BORROWER HEREBY EXPRESSLY
WAIVES THE RIGHT TO RECEIVE ANY NOTICE FROM MORTGAGEE WITH RESPECT TO ANY MATTER
FOR WHICH THIS SECURITY INSTRUMENT DOES NOT SPECIFICALLY AND EXPRESSLY PROVIDE
FOR THE GIVING OF NOTICE BY MORTGAGEE TO BORROWER.
SECTION 10.3
INTENTIONALLY OMITTED.
SECTION 10.4
SOLE DISCRETION OF MORTGAGEE.
EXCEPT AS OTHERWISE EXPRESSLY
PROVIDED HEREIN, WHENEVER PURSUANT TO THIS SECURITY INSTRUMENT, MORTGAGEE
EXERCISES ANY RIGHT GIVEN TO IT TO APPROVE OR DISAPPROVE, OR ANY ARRANGEMENT OR
TERM IS TO BE SATISFACTORY TO MORTGAGEE, THE DECISION OF MORTGAGEE TO APPROVE OR
DISAPPROVE OR TO DECIDE WHETHER ARRANGEMENTS OR TERMS ARE SATISFACTORY OR NOT
SATISFACTORY SHALL (EXCEPT AS IS OTHERWISE SPECIFICALLY HEREIN PROVIDED) BE IN
THE SOLE (BUT REASONABLE) DISCRETION OF MORTGAGEE AND SHALL BE FINAL AND
CONCLUSIVE.
SECTION 10.5
WAIVER OF TRIAL BY JURY.
TO THE EXTENT PERMITTED BY LAW,
BORROWER, MORTGAGEE AND LENDERS EACH HEREBY AGREE NOT TO ELECT A TRIAL BY JURY
OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND WAIVES ANY RIGHT TO TRIAL BY JURY
FULLY TO THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST WITH REGARD
TO THE LOAN DOCUMENTS, 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, MORTGAGEE AND LENDERS, AND IS INTENDED TO ENCOMPASS
INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A TRIAL BY
JURY WOULD OTHERWISE ACCRUE.
EACH OF LENDERS, MORTGAGEE AND BORROWER IS HEREBY
AUTHORIZED TO FILE A COPY OF THIS PARAGRAPH IN ANY
14
PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER BY BORROWER, MORTGAGEE AND
LENDERS.
SECTION 10.6
WAIVER OF FORECLOSURE DEFENSE.
BORROWER HEREBY WAIVES ANY
DEFENSE BORROWER MIGHT ASSERT OR HAVE BY REASON OF MORTGAGEE'S FAILURE TO MAKE
ANY TENANT OR LESSEE OF THE PROPERTY A PARTY DEFENDANT IN ANY FORECLOSURE
PROCEEDING OR ACTION INSTITUTED BY MORTGAGEE.
ARTICLE XI
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INTENTIONALLY OMITTED