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20looo~si
<br />or injury by reason of the breach of the covenants and agreements or the
<br />representations and warranties set forth in this paragraph.
<br />(c) To the extent there is any direct inconsistency among the Note, this Security
<br />Instrument and the other Loan Documents with the Lease (including, but not
<br />limited to, any inconsistency regarding cure periods), then the applicable
<br />provisions of the Lease shall govern so long as the Lease is in effect. If the Loan
<br />Documents contain provisions which are not addressed in the Lease, then the
<br />Loan Document provisions shall prevail; provided, further, the Loan Documents
<br />shall in all events govern repayment of the Loan, the interest rate on the Loan,
<br />Events of Default and Lender's remedies against Borrower.
<br />55. Lender Fees. Borrower will pay, or cause to be paid by a party acceptable to Lender, as
<br />the same become due and payable, the monthly trustee fees payable to Lender acting in
<br />the capacity of Trustee under that certain Declaration of Trust of even date herewith, or
<br />any successor trustee thereunder in an amount not to exceed $375.00 per month.
<br />S6. Contractual Statute of Limitations. To the extent permitted by applicable law, Borrower
<br />hereby agrees that any claim or cause of action by Barrawer against Lender, or any of
<br />Lender's directors, officers, employees, agents, accountants or attorneys, based upon,
<br />arising from or relating to the Debt, or any other matter, cause or thing whatsoever,
<br />whether or not relating thereto, occurred, done, omitted or suffered to be done by Lender
<br />or by Lender's directors, officers, employees, agents, accountants or attorneys, whether
<br />sounding in contract or in tort or otherwise, shall be barred unless asserted by Barrawer
<br />by the commencement of an action or proceeding in a court of competent jurisdiction by
<br />the filing of a complaint within one (1) year after Borrower knew or should have known
<br />of the act, occurrence or omission upon which such claim or cause of action, or any part
<br />thereof, is based and service of a summons and complaint on an officer of Lender or any
<br />other person authorized to accept service of process on behalf of Lender, within thirty
<br />(30) days thereafter. Borrower agrees that such one (1) year period of time is reasonable
<br />and sufficient time for a harrower to investigate and act upon any such claim or cause of
<br />action. The one (1) year period provided herein shall not be waived, tolled or extended
<br />except by the specific written agreement of Lender. This provision shall survive any
<br />termination of this Security Instrument or any of the other Loan Documents.
<br />S7. Relationshi of the Parties. The relationship between Borrower and Lender is that of a
<br />borrower and a lender only and neither of those parties is, nor shall it hold itself out to be,
<br />the agent, employee, joint venturer or partner of the other party.
<br />S$. No ,Merger. It is the desire and intention of the parties hereto that this Security
<br />Instrument and the lien hereof do not merge in fee simple title to the Mortgaged Property.
<br />It is hereby understood and agreed that should Lender acquire any additional or other
<br />interests in or to the Mortgaged Property ar the ownership thereof, then, unless a contrary
<br />intent is manifested by Lender as evidenced by an appropriate document duly recorded,
<br />this Security Instrument and the lien hereof shall not merge in such other or additional
<br />interests in or to the Mortgaged Property, toward the end that this Security Instrument
<br />may be foreclosed as if owned by a stranger to said other or additional interests.
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<br />15445224,4.BUSINESS
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