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DOCUMENT SHALL BE BROUGHT SOLELY IN A STATE COURT OR <br />FEDERAL COURT SITTING IN THE COMMONWEALTH OF <br />MASSACHUSETTS AS THE BENEFICIARY MAY ELECT IN ITS SOLE <br />DISCRETION (SUBJECT TO APPLICABLE LAW) AND CONSENTS TO <br />THE EXCLUSIVE JURISDICTION OF SUCH COURTS WITH RESPECT TO <br />ANY SUCH ACTION. <br />GRANTOR AND BENEFICIARY (BY ITS ACCEPTANCE OF THIS DEED <br />OF TRUST) IRREVOCABLY CONSENTS TO SERVICE OF PROCESS IN <br />THE MANNER PROVIDED FOR NOTICES IN SECTION 13.01 OF THE <br />LOAN AGREEMENT. NOTHING IN THIS AGREEMENT OR ANY OTHER <br />LOAN DOCUMENT WILL AFFECT THE RIGHT OF GRANTOR AND <br />BENEFICIARY TO SERVE PROCESS IN ANY OTHER MANNER <br />PERMITTED BY LAW. <br />29. WAIVER OF JURY TRIAL. GRANTOR AND BENEFICIARY (BY <br />ITS ACCEPTANCE OF THIS DEED OF TRUST) EACH HEREBY WAIVES, <br />TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY <br />RIGHT TO A JURY IN ANY TRIAL OF ANY CASE OR CONTROVERSY <br />(WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY) IN <br />WHICH ANY SUCH PERSON IS OR BECOMES A PARTY (WHETHER <br />SUCH CASE OR CONTROVERSY IS INITIATED BY OR AGAINST ANY <br />SUCH PERSON OR IN WHICH ANY SUCH PERSON IS JOINED AS A <br />PARTY LITIGANT), WHICH CASE OR CONTROVERSY ARISES OUT OF <br />OR IS IN RESPECT OF, ANY RELATIONSHIP AMONGST OR BETWEEN <br />ANY LOAN PARTY OR ANY OTHER PERSON AND ANY CREDIT PARTY <br />OR PARTICIPANT OR THE ACTIONS OF ANY CREDIT PARTY IN THE <br />NEGOTIATION, ADMINISTRATION, PERFORMANCE OR <br />ENFORCEMENT THEREOF. EACH OF GRANTOR AND BENEFICIARY <br />(A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF <br />ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, <br />THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF <br />LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, AND (B) <br />ACKNOWLEDGES THAT IT AND THE OTHER PARTY HAVE BEEN <br />INDUCED TO ENTER INTO THIS DEED OF TRUST BY, AMONG OTHER <br />THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS <br />PARAGRAPH 29. <br />30. Future Advances. This Deed of Trust secures future advances made <br />pursuant to this Deed of Trust or the Loan Agreement. <br />31. Business Purpose. Grantor warrants that this Deed of Trust is delivered in <br />connection with a business or commercial loan transaction. <br />32. Warranties and Representations. It is intended that this Deed of Trust <br />supplement the other Loan Documents, and the warranties, representations, <br />covenants and agreements made by the Grantor herein are supplemental to those <br />25 <br />MA <br />