relating to this Mortgage.
All such costs, expenses, and fees shall be due and
payable upon demand and shall bear interest from the date incurred through the
date of collection at the default rate stated in the Loan Documents.
23
Section 4.12
Waiver of Jury Trial.
MORTGAGOR BY ITS
EXECUTION HEREOF HEREBY WAIVES ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY ON
ANY CLAIM, COUNTERCLAIM, SETOFF, DEMAND, ACTION OR CAUSE OF ACTION (A) ARISING
OUT OF OR IN ANY WAY RELATED TO THIS MORTGAGE, THE LOAN DOCUMENTS OR THE LOAN,
OR (B) IN ANY WAY CONNECTED WITH OR PERTAINING OR RELATED TO OR INCIDENTAL TO
ANY DEALINGS OF LENDER AND/OR MORTGAGOR WITH RESPECT TO THE LOAN DOCUMENTS OR IN
CONNECTION WITH THIS MORTGAGE OR THE EXERCISE OF EITHER PARTY'S RIGHTS AND
REMEDIES UNDER THIS MORTGAGE OR OTHERWISE, OR THE CONDUCT OR THE RELATIONSHIP OF
THE PARTIES HERETO, IN ALL OF THE FOREGOING CASES WHETHER NOW EXISTING OR
HEREAFTER ARISING AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.
MORTGAGOR AGREE THAT THE LENDER MAY FILE A COPY OF THIS AGREEMENT WITH ANY COURT
AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY, AND BARGAINED AGREEMENT OF
MORTGAGOR IRREVOCABLY TO WAIVE ITS RIGHTS TO TRIAL BY JURY AS AN INDUCEMENT OF
LENDER TO ENTER INTO THE LOAN AGREEMENT AND OTHER LOAN DOCUMENTS AND OF LENDER
TO MAKE THE LOAN EVIDENCED AND SECURED THEREBY, AND THAT, TO THE EXTENT
PERMITTED BY APPLICABLE LAW, ANY DISPUTE OR CONTROVERSY WHATSOEVER BETWEEN
MORTGAGOR AND LENDER SHALL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION
BY A JUDGE SITTING WITHOUT A JURY.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
24
IN WITNESS WHEREOF, Mortgagor has caused this Mortgage to be executed as of the
day and year first above written.
CSCC PROPERTY HOLDINGS, LLC, a Georgia limited liability company
By:
/s/ Christopher F. Brogdon
Name:
Christopher F. Brogdon
Title:
Manager
STATE OF
)
[SEAL]
) ss.
COUNTY OF
)
This instrument was acknowledged before me on August
, 2012, by
Christopher F. Brogdon, as Manager of CSCC Property Holdings, LLC, a Georgia
limited liability company.
(Seal)
/s/ [Illegible]
Notary Public
My commission expires:
Commission #:
MORTGAGE SIGNATURE PAGE - ADCARE - SENIOR
Mortgage - Exhibit A