21-3243 - Approving Purchase Agreement - 700 South Lost Lake Lane

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(A) Waives notice of demand, presentment, nonpayment, protest, dishonor, acceleration of maturity, suit against any party and any and all other notices in connection with the delivery, acceptance, performance, default or enforcement of the payment of this Note; (B) Agrees that Borrower's obligations under the Loan Documents are unconditional and that Borrower will continue to and remain bound for the payment of principal, interest and all other sums payable hereunder or under any of the Loan Documents, notwithstanding any change or changes by way of addition, release, surrender, exchange or substitution of any security for this Note or of any party or parties liable hereunder or by way of any extension or extensions of time for the payment of any sums due hereunder or under any of the Loan Documents or any other changes or modifications to any of the Loan Documents agreed to by Borrower; (C) Waives the right to interpose any setoff or counterclaim of any nature or description (except a setoff or counterclaim directly related to or arising from the Loan or the Loan Documents) in any litigation in which the Lender and the Borrower shall be parties; (D) WAIVES THE RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, CROSS-CLAIM OR OTHER ACTION OR PROCEEDING ARISING FROM OR BASED UPON THIS NOTE OR ANY OF THE LOAN DOCUMENTS, AND AGREES NOT TO SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, CROSS-CLAIM OR OTHER ACTION OR PROCEEDING ARISING FROM OR BASED UPON THIS NOTE OR ANY OF THE LOAN DOCUMENTS; AGREES NOT TO SEEK TO CONSOLIDATE ANY CLAIM AS TO WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY CLAIM IN WHICH A JURY TRIAL HAS NOT BEEN OR CANNOT BE WAIVED; AGREES THAT THE PROVISIONS OF THIS SUBSECTION (D) HAVE BEEN FULLY NEGOTIATED BY LENDER AND BORROWER AND THAT THE PROVISIONS HLAVLAIv SHALL BE SUBJECT TO NO EXCEPTIONS; AGREES THAT NEITHER LENDER NOR ANY OFFICER, EMPLOYEE, ATTORNEY, AGENT OR OTHER REPRESENTATIVE OF LENDER HAS IN ANY WAY AGREED WITH OR REPRESENTED TO BORROWER THAT THE PROVISIONS OF THIS SUBSECTION (D) WILL NOT BE FULLY ENFORCED IN ALL INSTANCES; AND AGREES AND REPRESENTS THAT THIS SUBSECTION (D) IS A MATERIAL INDUCEMENT FOR LENDER TO ENTER INTO THE LOAN AND OTHER TRANSACTIONS EVIDENCED BY THIS NOTE AND THE LOAN DOCUMENTS. 11. Miscellaneous. (A) A check shall constitute payment when actually received by Lender, provided it is subsequently honored and collected in the ordinary course of business without having been returned to Lender for insufficient funds or other reasons. (B) As used herein, the singular shall be deemed to include the plural and vice versa, and each gender shall be deemed to include all other genders, unless a contrary intention clearly appears. (C) Lender shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies, and no waiver of any kind nor any modification of this Note shall be valid unless in writing and signed by Lender. Lender may resort to every other right or remedy available at law or in equity without first exhausting the rights and remedies contained herein, all in Lender's sole discretion. All rights and remedies of Lender under the terms of this Note, the Loan Documents and any statutes or rules of law shall be cumulative and may be exercised successively or concurrently. Borrower agrees that Lender shall be entitled to all the rights of a holder in due course of a negotiable instrument.