TO MATTERS FOR WHICH THIS MORTGAGE
SPECIFICALLY AND EXPRESSLY PROVIDES FOR THE GIVING OF NOTICE BY LENDER TO
BORROWER AND EXCEPT WITH RESPECT TO MATTERS FOR WHICH LENDER IS REQUIRED BY
APPLICABLE LAW TO GIVE NOTICE, AND BORROWER HEREBY EXPRESSLY WAIVES THE RIGHT TO
RECEIVE ANY NOTICE FROM LENDER WITH RESPECT TO ANY MATTER FOR WHICH THIS
MORTGAGE DOES NOT SPECIFICALLY AND EXPRESSLY PROVIDE FOR THE GIVING OF NOTICE BY
LENDER TO BORROWER.
10.4
WAIVER OF STATUTE OF LIMITATIONS.
TO THE EXTENT
PERMITTED BY APPLICABLE LAW, BORROWER HEREBY EXPRESSLY WAIVES AND RELEASES TO
THE FULLEST EXTENT PERMITTED BY LAW, THE PLEADING OF ANY STATUTE OF LIMITATIONS
AS A DEFENSE TO PAYMENT OF THE DEBT OR PERFORMANCE OF ITS OTHER OBLIGATIONS.
10.5
SURVIVAL.
THE INDEMNIFICATIONS MADE PURSUANT TO
SECTIONS 9.3 AND 9.4 HEREIN AND THE REPRESENTATIONS AND WARRANTIES, COVENANTS,
AND OTHER OBLIGATIONS ARISING UNDER ARTICLE VIII, SHALL CONTINUE INDEFINITELY IN
FULL FORCE AND EFFECT AND SHALL SURVIVE AND SHALL IN NO WAY BE IMPAIRED BY:
ANY
SATISFACTION OR OTHER TERMINATION OF THIS MORTGAGE, ANY ASSIGNMENT OR OTHER
TRANSFER OF ALL OR ANY PORTION OF THIS MORTGAGE OR LENDER'S INTEREST IN THE
PROPERTY (BUT, IN SUCH CASE, SHALL BENEFIT BOTH INDEMNIFIED PARTIES AND ANY
ASSIGNEE OR TRANSFEREE), ANY EXERCISE OF LENDER'S RIGHTS AND REMEDIES PURSUANT
HERETO INCLUDING BUT NOT LIMITED TO FORECLOSURE OR ACCEPTANCE OF A DEED IN LIEU
OF FORECLOSURE, ANY EXERCISE OF ANY RIGHTS AND REMEDIES PURSUANT TO THE LOAN
AGREEMENT, THE NOTE OR ANY OF THE OTHER LOAN DOCUMENTS, ANY TRANSFER OF ALL OR
ANY
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PORTION OF THE PROPERTY (WHETHER BY BORROWER OR BY LENDER FOLLOWING FORECLOSURE
OR ACCEPTANCE OF A DEED IN LIEU OF FORECLOSURE OR AT ANY OTHER TIME), ANY
AMENDMENT TO THIS MORTGAGE, THE LOAN AGREEMENT, THE NOTE OR THE OTHER LOAN
DOCUMENTS, AND ANY ACT OR OMISSION THAT MIGHT OTHERWISE BE CONSTRUED AS A
RELEASE OR DISCHARGE OF BORROWER FROM THE OBLIGATIONS PURSUANT HERETO.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS MORTGAGE OR THE OTHER
LOAN DOCUMENTS, BORROWER SHALL NOT HAVE ANY OBLIGATIONS OR LIABILITIES UNDER THE
INDEMNIFICATION UNDER SECTION 9.4 HEREIN OR OTHER INDEMNIFICATIONS WITH RESPECT
TO HAZARDOUS SUBSTANCES CONTAINED IN THE OTHER LOAN DOCUMENTS WITH RESPECT TO
THOSE OBLIGATIONS AND LIABILITIES THAT BORROWER CAN PROVE AROSE SOLELY FROM
HAZARDOUS SUBSTANCES THAT (I) WERE NOT PRESENT ON OR A THREAT TO THE PROPERTY
PRIOR TO THE DATE THAT LENDER OR ITS NOMINEE ACQUIRED TITLE TO THE PROPERTY,
WHETHER BY FORECLOSURE, EXERCISE BY POWER OF SALE, ACCEPTANCE OF A DEED-IN-LIEU
OF FORECLOSURE OR OTHERWISE AND (II) WERE NOT THE RESULT OF ANY ACT OR
NEGLIGENCE OF BORROWER OR ANY OF BORROWER'S AFFILIATES, AGENTS OR CONTRACTORS.
ARTICLE XI
EXCULPATION
The provisions of Section 9.4 of the Loan Agreement are hereby incorporated by
reference into this Mortgage to the same extent and with the same force as if
fully set forth herein.
ARTICLE XII
NOTICES
All notices or other written communications hereunder shall be delivered in
accordance with Section 10.6 of the Loan Agreement.