201000147 - Laserfiche WebLink

Browse

2oioooi4~ JURISDICTION IN SAID STATE OR COMMONWEALTH AND THE FEDERAL COURTS OF THE UNITED STATES OF AMERICA LOCATED IN SAID STATE OR COMMONWEALTH (AND ANY APPELLATE COURTS TAKING APPEALS THEREFROM) FOR THE ENFORCEMENT OF SUCH BORROWER'S, ENDORSER'S OR GUARANTOR'S OBLIGATIONS HEREUNDER, UNDER THE NOTE, ANY GUARANTY AND THE OTHER LOAN DOCUMENTS, AND WAIVES ANY AND ALL PERSONAL RIGHTS UNDER THE LAW OF ANY OTHER STATE TO OBJECT TO JURISDICTION WITHIN SUCH STATE FOR THE PURPOSES OF SUCH ACTION, SUIT, PROCEEDING OR LITIGATION TO ENFORCE SUCH OBLIGATIONS OF SUCH BORROWER, ENDORSER OR GUARANTOR. EACH BORROWER AND EACH ENDORSER AND GUARANTOR HEREBY WAIVES AND AGREES NOT TO ASSERT, AS A DEFENSE IN ANY ACTION, SUIT OR PROCEEDING ARISING OUT OF OR RELATING TO THIS SECURITY INSTRUMENT, THE NOTE, ANY GUARANTY OR ANY OF THE OTHER LOAN DOCUMENTS, (A) THAT IT IS NOT SUBJECT TO SUCH JURISDICTION OR THAT SUCH ACTION, SUIT OR PROCEEDING MAY NOT BE BROUGHT OR IS NOT MAINTAINABLE IN THOSE COURTS OR THAT THIS SECURITY INSTRUMENT, THE NOTE, ANY GUARANTY AND/OR ANY OF THE OTHER LOAN DOCUMENTS MAY NOT BE ENFORCED IN OR BY THOSE COURTS OR THAT IT IS EXEMPT OR IMMUNE FROM EXECUTION, (B) THAT THE ACTION, SUIT OR PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR (C) THAT THE VENUE OF THE ACTION, SUIT OR PROCEEDING IS IMPROPER (BUT NOTHING HEREIN SHALL AFFECT THE RIGHT OF LENDER TO BRING ANY ACTION, SUIT OR PROCEEDING IN ANY OTHER FORUM). IN THE EVENT ANY SUCH ACTION, SUIT, PROCEEDING OR LITIGATION IS COMMENCED, BORROWER, OR ENDORSER AND GUARANTOR AGREE THAT SERVICE OF PROCESS MAY BE MADE, AND PERSONAL JURISDICTION OVER SUCH BORROWER, ENDORSER OR GUARANTOR OBTAINED, BY SERVICE OF A COPY OF THE SUMMONS, COMPLAINT AND OTHER PLEADINGS REQUIRED TO COMMENCE SUCH LITIGATION UPON SUCH BORROWER OR ENDORSER OR GUARANTOR AT BORROWER'S ADDRESS SET FORTH IN THE INITIAL PARAGRAPH HEREOF (AS SUCH ADDRESS MAY BE CHANGED FROM TIME TO TIME). 53. Tenants In Common. if Borrower or any Grantee owns the. Mortgaged Property as tenants-in-common, then so long as any portion of the Debt is outstanding, the Borrower hereby agrees to the following: (a) each, tenant-in-common comprising Borrower shall be jointly and severally liable for the Debt and all other obligations under this Security Instrument and the Loan Documents; (b) each tenant-in-common comprising Borrower agrees that it will not attempt to obtain a partition of all or any portion of the Mortgaged Property, and each tenant-in-common comprising Borrower expressly agrees that it will not file a complaint or institute any proceeding at law or in equity to have all or any part of the Mortgaged Property partitioned and that each Borrower hereby expressly waives any and all right to obtain a partition of all or any part of the Mortgaged Property; (c) each tenant-in-common comprising Borrower agrees that their rights as tenants-in- -59-