HomeMy WebLinkAbout1829 it does, such amounts shall be considered as advances for and
on behalf of the eorrower secured by this Assignment and also
evidenced and secured by the Notes, First Mortgage and other
Loan Documents. Any amounts so advanced shall bear interest at
the then current rate prescribed in the Notes.
(c) Nothing herein contained shall be construed as
making the Lender a mortgagee in possession, or as constituting
a waiver or suspension by the Lender of its right to enforce
payment of the debts under the terms of the Notes, First
Mortgage, Loan Agteement or other Loan Documents. The Lender
is not the agent, partner, ar joint venturer of the Borrower or
of any of the Contractors, the Governmental Authorities or the
Purchasers and Lessees.
(d) This Assignment may be enforced from time to time
by the I,ender at its discretion, with or without order of any
court and with ar without appointment of a receiver, as the
; Lender shall determine. The Lender may also at any time cease
; to enforce this Assignment. Any failure on the p~rt of the
~ Lender promptly to eaercise any option hereby given or reserved
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~ shall not prevent the eaercise of any such option at any time
~ thereafter. The Lender may pursue and enforce any remedy or
; remedies accorded it herein independently of, in conjunction or
~ concurrently with, or subsequent to its pursuit of enforcement
; of any remedy or remedies that it may have under the Notes,
First Mortgage, Loan Agreement and/or other Loan Documents.
t
~ (e) When the conteat so requires, the singular shall
~ inc2ude the plural and conversely, and use of any gender shall
include all genders.
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Section WAIVER OF JURY TRIAL.
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p THE PART I ES HERE'i~0 DO HERE BY MUTIJALI.Y AND W I LL I PIGLY WA I VE
' THE RIGHT TO A TRIAL HY JURY OF ANY AND ALL CLAI1rLS MADE BE'1~IEEN
~ THEM wl~'THER I+10~1 E7CISTING OR ARISING IN THE F[TI'[JRE, INCLUDIHG
~ NITHOUT LIIKITATIQP, ANY AND ~I,L Ci.AIMS, DEFENSES,
~ COUNTERCLAIMS, CROSSCLAIMS, THIRD PARTY CI.AII~.S AND INTSRVENOR'S
~ CLAIMS W~~~ER ARISIPG FRO1K OR RELATED TO THE NEGOTIATI4N,
F•RECtTTION AND PERF4RMANCE OF THE TRANSACTIOtIS TQ WNICH THIS
D(X:UMENT RELATES .
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