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200102665 shall have up to one hundred eighty (180) days after the notice of default to cure such default. There shall be no cure period applicable to a default in the final payment or any prepayment premium due under the Note. If Borrower fails to cure the defaults described in this paragraph within the applicable grace period, if any, then interest on the unpaid principal balance of the Note and all accrued interest thereon shall be collected at the rate of eighteen percent (18 %) per annum, but in no event shall such rate of interest exceed the maximum rate of interest allowed under applicable law. In the event any monthly installment of principal and/or interest due on the Note is not paid in full within five (5) calendar days from its due date, Borrower shall pay a late fee equal to five percent (5 %) of the overdue monthly installment. 29. RELEASE. Upon payment of all sums secured by this Instrument, Lender shall release the lien of this Instrument. Borrower shall pay Lender's reasonable costs incurred in releasing this Instrument. 30. ATTORNEY'S FEES. As used in this Instrument and in the Note, "attorney's fees" shall include attorney's fees, if any, which may be awarded by an appellate court. 31. WAIVER OF JURY TRIAL. Borrower (i) covenants and agrees not to elect a trial by jury with respect to any issue arising under any of the Loan Documents triable by a jury and (ii) waives any right to trial by jury to the extent that any such right shall now or hereafter exist. This waiver of right to trial by jury is separately given, knowingly and voluntarily with the benefit of competent legal counsel by the Borrower and this waiver is intended to encompass individually each instance and each issue as to which the right to a jury trial would otherwise accrue. Further, Borrower hereby certifies that no representative or agent of the Lender (including, but not limited to, the Lender's counsel) has represented, expressly or otherwise, to Borrower that Lender will not seek to enforce the provisions of this paragraph 31. 32. SUBSTITUTE TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the city or county in which this Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. 33. FUTURE ADVANCES. Upon request of Borrower, Lender, at Lender's option so long as this Instrument secures indebtedness held by Lender, may make Future Advances to Borrower. Such Future Advances, with interest thereon, shall be secured by this Instrument when evidenced by promissory notes stating that said notes are secured hereby. At no time shall the principal amount of the indebtedness secured by this Instrument, not including sums advanced in accordance herewith to protect the security of this Instrument, exceed $800,000.00. 1099094.1 17