WHOLE OR IN
PART EXCEPT IN COMPLIANCE WITH THE TERMS, PROVISIONS AND CONDITIONS OF THE LOAN
AGREEMENT.
4.
MISCELLANEOUS.
(A)
WAIVER.
MAKER AND ALL ENDORSERS, SURETIES AND GUARANTORS
HEREBY JOINTLY AND SEVERALLY WAIVE ALL APPLICABLE EXEMPTION RIGHTS, VALUATION
AND APPRAISEMENT, PRESENTMENT FOR PAYMENT, DEMAND, NOTICE OF DEMAND, NOTICE OF
NONPAYMENT OR DISHONOR, PROTEST AND NOTICE OF PROTEST OF THIS NOTE, AND, EXCEPT
AS OTHERWISE EXPRESSLY PROVIDED IN THE LOAN DOCUMENTS, ALL OTHER NOTICES IN
CONNECTION WITH THE DELIVERY, ACCEPTANCE, PERFORMANCE, DEFAULT OR ENFORCEMENT OF
THE PAYMENT OF THIS NOTE.
MAKER AND ALL ENDORSERS, SURETIES AND GUARANTORS
CONSENT TO ANY AND ALL EXTENSIONS OF TIME, RENEWALS, WAIVERS OR MODIFICATIONS
THAT MAY BE GRANTED BY LENDER WITH RESPECT TO THE PAYMENT OR OTHER PROVISIONS OF
THIS NOTE AND TO THE RELEASE OF THE COLLATERAL SECURING THIS NOTE OR ANY PART
THEREOF, WITH OR WITHOUT SUBSTITUTION, AND AGREE THAT ADDITIONAL MAKERS,
ENDORSERS, GUARANTORS OR SURETIES MAY BECOME PARTIES HERETO WITHOUT NOTICE TO
THEM OR AFFECTING THEIR LIABILITY UNDER THIS NOTE.
(B)
NON-RECOURSE.
RECOURSE TO THE MAKER WITH RESPECT TO ANY
CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS NOTE SHALL BE LIMITED TO THE
EXTENT PROVIDED IN SECTION 14.1 OF THE LOAN AGREEMENT AND THE TERMS, COVENANTS
AND CONDITIONS OF SECTION 14.1 OF THE LOAN AGREEMENT ARE HEREBY INCORPORATED BY
REFERENCE AS IF FULLY SET FORTH IN THIS NOTE.
(C)
NOTE SECURED.
THIS NOTE AND ALL OBLIGATIONS OF MAKER
HEREUNDER ARE SECURED BY THE LOAN AGREEMENT, THE MORTGAGE AND THE OTHER LOAN
DOCUMENTS.
ALL OF THE TERMS, COVENANTS AND CONDITIONS CONTAINED IN THE LOAN
AGREEMENT, THE MORTGAGE AND THE OTHER LOAN DOCUMENTS ARE HEREBY MADE PART OF
THIS NOTE TO THE SAME EXTENT AND WITH THE SAME FORCE AS IF THEY WERE FULLY SET
FORTH HEREIN.
IN THE EVENT OF A CONFLICT OR INCONSISTENCY BETWEEN THE TERMS OF
THIS NOTE AND THE LOAN AGREEMENT, THE TERMS AND PROVISIONS OF THE LOAN AGREEMENT
SHALL GOVERN.
(D)
NOTICES.
ANY NOTICE, ELECTION, REQUEST OR DEMAND WHICH BY ANY
PROVISION OF THIS NOTE IS REQUIRED OR PERMITTED TO BE GIVEN OR SERVED HEREUNDER
SHALL BE GIVEN OR SERVED IN THE MANNER REQUIRED FOR THE DELIVERY OF NOTICES
PURSUANT TO SECTION 15.6 OF THE LOAN AGREEMENT.
(E)
ENTIRE AGREEMENT.
THIS NOTE, TOGETHER WITH THE OTHER LOAN
DOCUMENTS, CONSTITUTES THE ENTIRE AND FINAL AGREEMENT BETWEEN MAKER AND LENDER
WITH RESPECT TO THE SUBJECT MATTER HEREOF AND THEREOF AND MAY ONLY BE CHANGED,
AMENDED, MODIFIED OR WAIVED BY AN INSTRUMENT IN WRITING SIGNED BY MAKER AND
LENDER.
3
(F)
NO WAIVER.
NO WAIVER OF ANY TERM OR CONDITION OF THIS NOTE,
WHETHER BY DELAY, OMISSION OR OTHERWISE, SHALL BE EFFECTIVE UNLESS IN WRITING
AND SIGNED BY THE PARTY SOUGHT TO BE CHARGED, AND THEN SUCH WAIVER SHALL BE
EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE PURPOSE FOR WHICH GIVEN.
NO
NOTICE TO, OR DEMAND ON, MAKER SHALL ENTITLE MAKER TO ANY OTHER OR FUTURE NOTICE
OR DEMAND IN THE SAME, SIMILAR OR OTHER CIRCUMSTANCES.
(G)
SUCCESSORS AND