BY
THE MORTGAGES, AT LENDER'S REQUEST, INDEMNITOR SHALL PROVIDE AN ESTOPPEL
CERTIFICATE TO THE INVESTOR OR ANY PROSPECTIVE INVESTOR IN SUCH FORM, SUBSTANCE
AND DETAIL AS LENDER, SUCH INVESTOR OR PROSPECTIVE INVESTOR MAY REQUIRE.
12.
NOTICES. ALL NOTICES OR OTHER WRITTEN COMMUNICATIONS HEREUNDER
SHALL BE GIVEN IN ACCORDANCE WITH SECTION 10.6 OF THE LOAN AGREEMENT, PROVIDED
THAT NOTICES TO PRINCIPAL SHALL BE ADDRESSED AS FOLLOWS: 2901 BUTTERFIELD ROAD,
OAK BROOK, ILLINOIS 60523, ATTENTION:
GENERAL COUNSEL.
13.
SUBMISSION TO JURISDICTION. WITH RESPECT TO ANY CLAIM OR ACTION
ARISING HEREUNDER, INDEMNITOR (A) IRREVOCABLY SUBMITS TO THE NONEXCLUSIVE
JURISDICTION OF THE COURTS OF THE STATE OF ILLINOIS AND THE UNITED STATES
DISTRICT COURTS FOR THE DISTRICT OF NORTHERN ILLINOIS, AND APPELLATE COURTS FROM
ANY THEREOF, AND (B) IRREVOCABLY WAIVES ANY OBJECTION WHICH IT MAY HAVE AT ANY
TIME TO THE LAYING ON VENUE OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR
RELATING TO THIS AGREEMENT BROUGHT IN ANY SUCH COURT, AND (C) IRREVOCABLY WAIVES
ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS
BEEN BROUGHT IN AN INCONVENIENT FORUM.
14.
NO THIRD-PARTY BENEFICIARY. THE TERMS OF THIS AGREEMENT ARE FOR
THE SOLE AND EXCLUSIVE PROTECTION AND USE OF LENDER. NO PARTY SHALL BE A
THIRD-PARTY BENEFICIARY HEREUNDER, AND NO PROVISION HEREOF SHALL OPERATE OR
INURE TO THE USE AND BENEFIT OF ANY SUCH THIRD PARTY.
15.
DUPLICATE ORIGINALS; COUNTERPARTS. THIS AGREEMENT MAY BE EXECUTED
IN ANY NUMBER OF DUPLICATE ORIGINALS AND EACH DUPLICATE ORIGINAL SHALL BE DEEMED
TO BE AN ORIGINAL. THIS AGREEMENT MAY BE EXECUTED IN SEVERAL COUNTERPARTS, EACH
OF WHICH COUNTERPARTS SHALL BE DEEMED AN ORIGINAL INSTRUMENT AND ALL OF WHICH
TOGETHER SHALL CONSTITUTE A SINGLE AGREEMENT. THE FAILURE OF ANY PARTY HERETO TO
EXECUTE THIS AGREEMENT, OR ANY COUNTERPART HEREOF, SHALL NOT RELIEVE THE OTHER
SIGNATORIES FROM THEIR OBLIGATIONS HEREUNDER.
16.
NO ORAL CHANGE. THIS AGREEMENT, AND ANY PROVISIONS HEREOF, MAY NOT
BE MODIFIED, AMENDED, WAIVED, EXTENDED, CHANGED, DISCHARGED OR TERMINATED ORALLY
OR BY ANY ACT OR FAILURE TO ACT ON THE PART OF ANY INDEMNITOR OR LENDER, BUT
ONLY BY AN AGREEMENT IN WRITING SIGNED BY THE PARTY AGAINST WHOM ENFORCEMENT OF
ANY MODIFICATION, AMENDMENT, WAIVER, EXTENSION, CHANGE, DISCHARGE OR TERMINATION
IS SOUGHT.
7
17.
HEADINGS, ETC. THE HEADINGS AND CAPTIONS OF VARIOUS PARAGRAPHS OF
THIS AGREEMENT ARE FOR CONVENIENCE OF REFERENCE ONLY AND ARE NOT TO BE CONSTRUED
AS DEFINING OR LIMITING, IN ANY WAY, THE SCOPE OR INTENT OF THE PROVISIONS
HEREOF.
18.
NUMBER AND GENDER/SUCCESSORS AND ASSIGNS. ALL PRONOUNS AND ANY
VARIATIONS THEREOF SHALL BE DEEMED TO REFER TO THE MASCULINE, FEMININE, NEUTER,
SINGULAR OR PLURAL AS THE IDENTITY OF THE PERSON OR PERSONS REFERRED TO MAY
REQUIRE. WITHOUT LIMITING THE EFFECT OF SPECIFIC REFERENCES IN ANY PROVISION OF
THIS AGREEMENT, THE TERM "INDEMNITOR" SHALL BE DEEMED TO REFER TO EACH AND EVERY
PERSON OR ENTITY COMPRISING AN INDEMNITOR FROM TIME TO TIME, AS THE SENSE OF A
PARTICULAR PROVISION MAY REQUIRE, AND TO INCLUDE THE HEIRS,