INTENTIONALLY AND VOLUNTARILY, WITH AND UPON THE ADVICE OF COMPETENT
COUNSEL, WAIVES, RELINQUISHS AND FOREVER FORGOES THE RIGHT TO A TRIAL BY JURY IN
ANY ACTION OR PROCEEDING (WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE) BASED
UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO ANY OF THE LOAN DOCUMENTS OR THE
INDEBTEDNESS SECURED HEREBY.
EACH OF GUARANTOR AND LENDER HEREBY CERTIFIES THAT
NONE OF THE REPRESENTATIVES, AGENTS OR ATTORNEYS OF THE OTHER PARTY HAS
REPRESENTED, EXPRESSLY OR OTHERWISE, THAT IT WOULD NOT, IN THE EVENT OF SUCH
LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.
GUARANTOR ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL
INDUCEMENT FOR THE LENDER'S CONSENTING TO THE ASSIGNMENT AND ASSUMPTION OF THE
LOAN REFERENCED HEREIN.
[END OF TEXT; SIGNATURE FOLLOWS ON NEXT PAGE]
-18-
IN WITNESS WHEREOF, Guarantor has executed this Agreement as of the day and year
first above written.
"GUARANTOR"
CONDOR HOSPITALITY TRUST, INC,
a Maryland corporation
By:
/s/ Corrine L. Scarpello
Corrine L. Scarpello
Senior Vice President and Chief Financial Officer
[SIGNATURE PAGE TO INDEMNITY AND GUARANTY AGREEMENT]
EXHIBIT A
LEGAL DESCRIPTION OF THE LAND
LOT 21, NEW CITY BLOCK 134, DTSA SUBDIVISION, SITUATED IN THE CITY OF SAN
ANTONIO, BEXAR COUNTY, TEXAS ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 9533,
PAGE 212, DEED AND PLAT RECORDS OF BEXAR COUNTY, TEXAS.