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<br />2014©©400
<br />Borrower hereby covenants and agrees not to commit, permit or suffer to exist any act,
<br />omission or circumstance affording such right of forfeiture. In furtherance thereof,
<br />Borrower hereby indemnifies Lender and agrees to defend and hold Lender harmless
<br />for, from and against any loss, damage or injury by reason of the breach of the
<br />covenants and agreements or the representations and warranties set forth in this
<br />paragraph.
<br />(c) To the extent there is any direct inconsistency among the Note, this Security
<br />Instrument and the other Loan Documents with the Lease (including, but not limited
<br />to, any inconsistency regarding cure periods), then the applicable provisions of the
<br />Lease shall govern so long as the Lease is in effect and a Lease Default is not then
<br />existing. If the Loan Documents contain provisions which are not addressed in the
<br />Lease, then the Loan Document provisions shall prevail; provided, further, the Loan
<br />Documents shall in all events govern repayment of the Loan, the interest rate on the
<br />Loan, Events of Default and Lender's remedies against Borrower and Lease
<br />Guarantor.
<br />55. Lender Fees. Borrower will pay, or cause to be paid by a party acceptable to Lender, as the
<br />same become due and payable, all fees, disbursements, and other amounts payable to Lender
<br />acting in the capacity of Trustee under that certain Declaration of Trust of even date
<br />herewith, or any successor trustee thereunder.
<br />56. Contractual Statute of Limitations. To the extent permitted by applicable law, Borrower
<br />hereby agrees that any claim or cause of action by Borrower against Lender, or any of
<br />Lender's directors, officers, employees, agents, accountants or attorneys, based upon,
<br />arising from or relating to the Debt, or any other matter, cause or thing whatsoever, whether
<br />or not relating thereto, occurred, done, omitted or suffered to be done by Lender or by
<br />Lender's directors, officers, employees, agents, accountants or attorneys, whether sounding
<br />in contract or in tort or otherwise, shall be barred unless asserted by Borrower by the
<br />commencement of an action or proceeding in a court of competent jurisdiction by the filing
<br />of a complaint within one (1) year after Borrower knew or should have known of the act,
<br />occurrence or omission upon which such claim or cause of action, or any part thereof, is
<br />based and service of a summons and complaint on an officer of Lender or any other person
<br />authorized to accept service of process on behalf of Lender, within thirty (30) days
<br />thereafter. Borrower agrees that such one (1) year period of time is reasonable and
<br />sufficient time for a borrower to investigate and act upon any such claim or cause of action.
<br />The one (1) year period provided herein shall not be waived, tolled or extended except by
<br />the specific written agreement of Lender. This provision shall survive any termination of
<br />this Security Instrument or any of the other Loan Documents.
<br />57. Relationship of the Parties. The relationship between Borrower and Lender is that of a
<br />borrower and a lender only and neither of those parties is, nor shall it hold itself out to be,
<br />the agent, employee, joint venturer or partner of the other party.
<br />58. No Merger. It is the desire and intention of the parties hereto that this Security Instrument
<br />and the lien hereof do not merge in fee simple title to the Mortgaged Property. It is hereby
<br />understood and agreed that should Lender acquire any additional or other interests in or to
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