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2 01508663 <br />OTHER APPROPRIATE JURISDICTION, AND BORROWER HEREBY <br />WAIVES THE RIGHT, IF ANY, TO COLLATERALLY ATTACK ANY SUCH <br />JUDGMENT OR ACTION. <br />(s) Waiver of Jury Trial. BORROWER AND LENDER HEREBY <br />VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY <br />WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY <br />DISPUTE (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) <br />BETWEEN OR AMONG BORROWER AND LENDER ARISING OUT OF OR IN <br />ANY WAY RELATED TO THIS MORTGAGE, ANY OTHER LOAN <br />DOCUMENT, OR ANY RELATIONSHIP BETWEEN BORROWER AND <br />LENDER WITH RESPECT TO THE LOAN OR THE PROPERTY. THIS <br />PROVISION IS A MATERIAL INDUCEMENT TO LENDER TO PROVIDE THE <br />LOAN DESCRIBED HEREIN AND IN THE OTHER LOAN DOCUMENTS. <br />(t) Additional Waivers. BORROWER EXPRESSLY AND <br />UNCONDITIONALLY WAIVES, IN CONNECTION WITH ANY SUIT, ACTION <br />OR PROCEEDING BROUGHT BY LENDER ON THIS MORTGAGE, ANY AND <br />EVERY RIGHT IT MAY HAVE TO (A) INTERPOSE ANY COUNTERCLAIM <br />THEREIN UNLESS UNDER THE APPLICABLE RULES OF COURT SUCH <br />COUNTERCLAIM MUST BE ASSERTED IN SUCH PROCEEDING, OR (B) <br />HAVE THE SAME CONSOLIDATED WITH ANY OTHER OR SEPARATE <br />SUIT, ACTION OR PROCEEDING UNLESS UNDER THE APPLICABLE <br />RULES OF COURT SUCH SUIT, ACTION OR PROCEEDING MUST BE <br />CONSOLIDATED WITH THE PROCEEDING BROUGHT BY LENDER. <br />34. Compliance with Loan Agreement. Borrower will abide by and comply with and <br />be governed and restricted by all of the terms, covenants, provisions, restrictions and agreements <br />contained in the Loan Agreement, and in each and every supplement thereto or amendment <br />thereof which may at any time or from time to time be executed and delivered by the parties <br />thereto or their successors and assigns. <br />35. Loan Agreement. The indebtedness secured by this Mortgage has been or is to be <br />disbursed by Lender to Borrower in accordance with the Loan Agreement, the provisions of <br />which are incorporated herein by reference to the same extent as if fully set forth herein. The <br />Loan Documents are by this reference incorporated into this Mortgage. All indebtedness and <br />obligations of the Borrower arising from and accruing under the Loan Documents from time to <br />time (whether or not evidenced by the Note) shall be a part of the Debt and secured by this <br />Mortgage to the same extent as though the Loan Documents were fully set forth herein. Any <br />Event of Default under the Loan Documents shall constitute an Event of Default under this <br />Mortgage entitling Lender to all rights and remedies conferred upon it by the terms of this <br />Mortgage. If any of the terms or conditions of this Mortgage conflict with or are inconsistent <br />with any of the terms and conditions of the Loan Agreement, the provisions of the Loan <br />Agreement shall control. <br />36. Construction Loan. The Note evidences a debt created by one or more <br />disbursements made by Lender to Borrower to finance the cost of the construction of certain <br />51668048.5 <br />32 <br />