ANY OF
THE AFORESAID COURTS THAT ANY SUCH COURT LACKS JURISDICTION OVER THE MORTGAGOR.
THE MORTGAGOR FURTHER IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS OUT OF ANY
OF THE AFOREMENTIONED COURTS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF
COPIES THEREOF BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, TO THE
MORTGAGOR AT ITS ADDRESS FOR NOTICES PURSUANT TO SECTION 6.03 HEREOF, SUCH
SERVICE TO BECOME EFFECTIVE 30 DAYS AFTER SUCH MAILING.
THE MORTGAGOR HEREBY
IRREVOCABLY WAIVES ANY OBJECTION TO SUCH SERVICE OF PROCESS AND FURTHER
IRREVOCABLY WAIVES AND AGREES NOT TO PLEAD OR CLAIM IN ANY ACTION OR PROCEEDING
COMMENCED HEREUNDER OR ANY OTHER FINANCING DOCUMENT THAT SUCH SERVICE OF PROCESS
WAS IN ANY WAY INVALID OR INEFFECTIVE.
NOTHING HEREIN SHALL AFFECT THE RIGHT OF
THE MORTGAGEE OR ANY SECURED CREDITOR TO SERVE PROCESS IN ANY OTHER MANNER
PERMITTED BY LAW OR TO COMMENCE
LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST
THE MORTGAGOR IN ANY OTHER JURISDICTION (INCLUDING THE JURISDICTION IN WHICH THE
MORTGAGED PROPERTY IS LOCATED).
(b)
THE MORTGAGOR HEREBY IRREVOCABLY WAIVES ANY OBJECTION WHICH IT
MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY OF THE AFORESAID ACTIONS
OR PROCEEDINGS ARISING OUT OF OR IN CONNECTION WITH THIS MORTGAGE OR ANY OTHER
FINANCING DOCUMENT BROUGHT IN THE COURTS REFERRED TO IN CLAUSE (a) ABOVE AND
HEREBY FURTHER IRREVOCABLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WAIVES
AND AGREES NOT TO PLEAD OR CLAIM IN ANY SUCH COURT THAT ANY SUCH ACTION OR
PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
(c)
THE MORTGAGOR HEREBY IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY
JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO
THIS MORTGAGE, THE OTHER FINANCING DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED
HEREBY OR THEREBY.
6.25
FUTURE ADVANCES.
THIS MORTGAGE IS GIVEN TO SECURE THE MORTGAGOR'S
OBLIGATIONS UNDER, OR IN RESPECT OF, THE FINANCING DOCUMENTS TO WHICH THE
MORTGAGOR IS "PARTY" AND SHALL SECURE NOT ONLY OBLIGATIONS WITH RESPECT TO
PRESENTLY EXISTING INDEBTEDNESS UNDER THE FOREGOING DOCUMENTS AND AGREEMENTS BUT
ALSO ANY AND ALL OTHER INDEBTEDNESS OR WHICH MAY HEREAFTER BE OWING BY THE
MORTGAGOR TO THE SECURED CREDITORS UNDER THE FINANCING DOCUMENTS, HOWEVER
INCURRED, WHETHER INTEREST, DISCOUNT OR OTHERWISE, AND WHETHER THE SAME SHALL BE
DEFERRED, ACCRUED OR CAPITALIZED, INCLUDING FUTURE ADVANCES AND RE-ADVANCES,
PURSUANT TO THE CREDIT AGREEMENT OR THE OTHER FINANCING DOCUMENTS, WHETHER SUCH
ADVANCES ARE OBLIGATORY OR TO BE MADE AT THE OPTION OF THE SECURED CREDITORS, OR
OTHERWISE, TO THE SAME EXTENT AS IF SUCH FUTURE ADVANCES WERE MADE ON THE DATE
OF THE EXECUTION OF THIS MORTGAGE.
THE LIEN OF THIS MORTGAGE SHALL BE VALID AS
TO ALL INDEBTEDNESS SECURED HEREBY, INCLUDING FUTURE ADVANCES, FROM THE TIME OF
ITS FILING FOR RECORD IN THE RECORDER'S OFFICE OF THE COUNTY IN WHICH THE
MORTGAGED PROPERTY IS LOCATED.
THIS MORTGAGE IS INTENDED TO AND SHALL BE VALID
AND HAVE PRIORITY OVER ALL SUBSEQUENT LIENS AND ENCUMBRANCES ON THE MORTGAGED
PROPERTY AND SECURED