Laserfiche WebLink
<br /> <br />84 - 00664.1 <br /> <br />Notwithstanding any provision herei~ or in th. <br />Mortgage securing this Note to the contrary, if Makel:t.~S <br />lessee, is entitled to exercise and does exercIse thti 5l,!,t1on <br />purchase set forth In Article 31 of the Ground Lelll~(!. <br />fined in the Mortgage securing this Note), theni.at~he <br />contemplated thereunder, this Note shall be preti...1ct,.wlt,. <br />penalty but there shall be no other right of prep...S'~... <br />In whole or in part except for any mandatory prepaYJleftts <br />v!ded for in the Mortgage. <br /> <br />If defaul t be made in the payment of any In.stallfil-",5 <br />of interest or principal and interest when due under thsNote <br />or in the performance of any of the terms, covenants, .con- <br />ditlons or warranties herein or in the Mortgage and the <br />Assignment of Lessor's Interest in leases, and the Sec,urlty <br />Agreement, all of even date herewith, securing this Note <br />(hereinafter collectively called "Mortgage"), at the option of <br />the Holder of this Note the entire principal sum evidenced <br />hereby and secured by said Mortgage, together with interest <br />accrued thereon, without notice, shall immediately become due <br />and payable. Failure to exercise this option by Holder shall <br />not constitute a waiver of the right to exercise same in the <br />event of any subsequent default. <br /> <br />In the event of any default hereunder or under the <br />Mortgage securing this Note and upon acceleration of the entire <br />indebtedness aforesaid, interest shall accrue.' tll-ere~ffter mllita <br />rate (the "Default RateR) equal to one-half of one percent <br />(1/21) above the then applicable rate of interest as fixed <br />herein. <br /> <br />Notwithstanding any provision herein to the contrary, <br />in the event of any default hereunder on the part of Maker, <br />Holder shall be entitled to enforce any of its remedies there- <br />for only after such default shall have continued uncorrected <br />for ten (10) days after written notice with respect to a de- <br />fault in the payment of principal and/or interest due hereunder <br />or with respect to any other monetary defaults, and with re- <br />spect to all other defaults, for twenty (20) days after written <br />notIce or such longer period as may be required to cure such <br />default if such default is of a nature that cannot be cured <br />within twenty (20) days provided Maker commences to cure the <br />same within such twenty (20) day period and thereafter con- <br />tinues diligently to prosecute the same to completion. Such <br />notice shall be deemed sent when placed in a post office box <br />and sent by registered or certified mail to Maker at the <br />address above set forth or to any other addresses given by <br />Maker by notice, provided that in no event shall the Holder be <br />required to send notice to more than two entities and to more <br />than two addresses. <br /> <br />If any suit or action is instituted to collect the <br />Indebtedness evidenced by this Note or any part thereof, or if <br />it is placed in the handS of an attorney for collection, the <br />undersigned promises and agrees to pay r~~;onable attorneys' <br />fees and court costs. <br /> <br />L <br /> <br />, The Maker snd endorsers hereof and all others who may <br />become li$ble for all or any part of this obligation, agree <br />hereby to be jointly and severally bound, and jointly and <br />severally waive and renounce any and all exemption rights and <br />the benefit of all valuation and appraisement privileges as <br />agalnst this debt or any renewal or extension thereof, waive <br />demand, protest, notice of nonpayment and any and all lack of <br />diligence Ot delays In collection or enforcement hereof. They <br />waive the right to plead any and all statute of limitations as <br />a d.'enge to any demand on this Not. or under the Mortgage <br />securing this Note ~nd expressly consent to any extension of <br />th~e. rl!ele'lue of any party 11l1ble for this obligation. t'tdease <br />..3- <br /> <br /> <br />..J <br />