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201400400
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8/19/2014 2:25:24 PM
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1/23/2014 3:16:30 PM
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DEEDS
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201400400
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- 67 - <br />201400400 <br />ACCORDANCE WITH THE LAW OF THE STATE OR COMMONWEALTH IN <br />WHICH THE MORTGAGED PROPERTY IS LOCATED WITHOUT REGARD TO <br />CONFLICT OF LAW PROVISIONS THEREOF. EACH BORROWER AND EACH <br />ENDORSER OR GUARANTOR HEREBY SUBMITS TO PERSONAL <br />JURISDICTION IN SAID STATE OR COMMONWEALTH AND THE FEDERAL <br />COURTS OF THE UNITED STATES OF AMERICA LOCATED IN SAID STATE <br />OR COMMONWEALTH (AND ANY APPELLATE COURTS TAKING APPEALS <br />THEREFROM) FOR THE ENFORCEMENT OF SUCH BORROWER'S, <br />ENDORSER'S OR GUARANTOR'S OBLIGATIONS HEREUNDER, UNDER THE <br />NOTE, ANY GUARANTY AND THE OTHER LOAN DOCUMENTS, AND WAIVES <br />ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY OTHER STATE <br />TO OBJECT TO JURISDICTION WITHIN SUCH STATE FOR THE PURPOSES <br />OF SUCH ACTION, SUIT, PROCEEDING OR LITIGATION TO ENFORCE SUCH <br />OBLIGATIONS OF SUCH BORROWER, ENDORSER OR GUARANTOR. EACH <br />BORROWER AND EACH ENDORSER AND GUARANTOR HEREBY WAIVES <br />AND AGREES NOT TO ASSERT, AS A DEFENSE IN ANY ACTION, SUIT OR <br />PROCEEDING ARISING OUT OF OR RELATING TO THIS SECURITY <br />INSTRUMENT, THE NOTE, ANY GUARANTY OR ANY OF THE OTHER LOAN <br />DOCUMENTS, (A) THAT IT IS NOT SUBJECT TO SUCH JURISDICTION OR <br />THAT SUCH ACTION, SUIT OR PROCEEDING MAY NOT BE BROUGHT OR IS <br />NOT MAINTAINABLE IN THOSE COURTS OR THAT THIS SECURITY <br />INSTRUMENT, THE NOTE, ANY GUARANTY AND /OR ANY OF THE OTHER <br />LOAN DOCUMENTS MAY NOT BE ENFORCED IN OR BY THOSE COURTS OR <br />THAT IT IS EXEMPT OR IMMUNE FROM EXECUTION, (B) THAT THE <br />ACTION, SUIT OR PROCEEDING IS BROUGHT IN AN INCONVENIENT <br />FORUM OR (C) THAT THE VENUE OF THE ACTION, SUIT OR PROCEEDING <br />IS IMPROPER (BUT NOTHING HEREIN SHALL AFFECT THE RIGHT OF <br />LENDER TO BRING ANY ACTION, SUIT OR PROCEEDING IN ANY OTHER <br />FORUM). IN THE EVENT ANY SUCH ACTION, SUIT, PROCEEDING OR <br />LITIGATION IS COMMENCED, BORROWER, OR ENDORSER AND <br />GUARANTOR AGREE THAT SERVICE OF PROCESS MAY BE MADE, AND <br />PERSONAL JURISDICTION OVER SUCH BORROWER, ENDORSER OR <br />GUARANTOR OBTAINED, BY SERVICE OF A COPY OF THE SUMMONS, <br />COMPLAINT AND OTHER PLEADINGS REQUIRED TO COMMENCE SUCH <br />LITIGATION UPON SUCH BORROWER OR ENDORSER OR GUARANTOR AT <br />BORROWER'S ADDRESS SET FORTH ON SCHEDULE A HERETO (AS SUCH <br />ADDRESS MAY BE CHANGED FROM TIME TO TIME). <br />53. Tenants In Common. If Borrower or any Grantee owns the Mortgaged Property as tenants- <br />in- common, then so long as any portion of the Debt is outstanding, the Borrower hereby <br />agrees to the following: (a) each tenant -in- common comprising Borrower shall be jointly <br />and severally liable for the Debt and all other obligations under this Security Instrument and <br />the Loan Documents; (b) each tenant -in- common comprising Borrower agrees that it will <br />not attempt to obtain a partition of all or any portion of the Mortgaged Property, and each <br />tenant -in- common comprising Borrower expressly agrees that it will not file a complaint or <br />institute any proceeding at law or in equity to have all or any part of the Mortgaged Property <br />partitioned and that each Borrower hereby expressly waives any and all right to obtain a <br />
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