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200003557 foreclosure or acceptance of a deed in lieu of foreclosure; any exercise of any rights and remedies pursuant to the Note or any of the Other Loan Documents; any transfer of all or any portion of the Property (whether by Borrower, by Lender, or by Trustee at the request of Lender following foreclosure or acceptance of a deed in lieu of foreclosure or at any other time); any amendment to this Security Instrument, the Note or the Other Loan Documents; and any act or omission that might otherwise be construed as a release or discharge of Borrower from the Obligations pursuant hereto. Article 11 - WAIVERS Section 11.1 Waiver of Counterclaim. Borrower hereby waives the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against it by Trustee or Lender arising out of or in any way connected with this Security Instrument, the Note, any of the Other Loan Documents, or the Obligations. Section 11.2 Marshaling and Other Matters. Borrower hereby waives, to the extent permitted by law, the benefit of all appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshaling in the event of any sale hereunder of the Property or any part thereof or any interest therein. Further, Borrower hereby expressly waives any and all rights of redemption from sale under any order or decree of foreclosure of this Security Instrument on behalf of Borrower, and on behalf of each and every person acquiring any interest in or title to the Property subsequent to the date of this Security Instrument and on behalf of all persons to the extent permitted by Applicable Law. Section 11.3 Waiver of Notice. To the extent permitted by Applicable Law, Borrower shall not be entitled to any notices of any nature whatsoever from Trustee or Lender except with respect to matters for which this Security Instrument specifically and expressly provides for the giving of notice by Trustee or Lender to Borrower and except with respect to matters for which Trustee or Lender is required by Applicable Law to give notice, and Borrower hereby expressly waives the right to receive any notice from Trustee or Lender with respect to any matter for which this Security Instrument does not specifically and expressly provide for the giving of notice by Trustee or Lender to Borrower. Section 11.4 Waiver of Statute of Limitations. Borrower hereby expressly waives and releases to the fullest extent permitted by law, the pleading of any statute of limitations as a defense to payment of the Debt or performance of its Other Obligations. Section 11.5 Waiver of Trial by Jury. BORROWER HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THE LOAN EVIDENCED BY THE NOTE, THE LOAN APPLICATION, THE NOTE, THIS SECURITY INSTRUMENT OR THE OTHER LOAN DOCUMENTS, OR ANY ACTS OR OMISSIONS OF LENDER, ITS OFFICERS, EMPLOYEES, DIRECTORS OR AGENTS IN CONNECTION THEREWITH. Article 12 - SECONDARY MARKET Section 12.1 Dissemination of Information. (a) Lender, and each successor to Lender's interest, has the right, in its sole discretion, to transfer, sell, pledge, assign or otherwise encumber or dispose of its interest in the Security Instrument and the Obligations secured hereby and /or servicing rights with respect thereto, to grant participations herein, or to issue pass- through certificates or other securities ( "Securities ") evidencing a beneficial interest in a rated or unrated public offering or private placement of which this Security Instrument will be made a part (such sale and /or issuance, the "Securitization "); provided, however, that for so long as Borrower is not in ATLANTA4181845.4 GMACCM (SLP) — DOT (8/98) 31 Grand Isle, Nebraska