Common use of Additional Terms and Provisions Clause in Contracts

Additional Terms and Provisions. Certain additional and supplemental terms and provisions of this Note are set forth in this paragraph. The terms and provisions of this paragraph control and supersede any conflicting terms and provisions contained in this Note. (a) Anything herein to the contrary notwithstanding, if Lender determines, in its sole discretion, at any time during the calendar month immediately preceding the Maturity Date that the Loan will not be paid as required on the Maturity Date, Lender shall have the option to forbear from exercising its rights under this Note, the Security Instruments and the Other Security Documents to foreclose upon the Mortgaged Property (an “Optional Lender Forbearance”). In such event, Lender shall notify Borrower of such decision and the following shall occur: (i) On the first day of the month immediately following the Maturity Date and on the first day of each calendar month thereafter, Borrower shall pay to Lender an amount (each a “Property Cash Flow Payment Amount”) equal to the greater of (a) the Monthly Debt Service Payment Amount and (b) Gross Income (as defined in the Security Agreement and Lockbox Agreement (the “Lockbox Agreement”) executed contemporaneously herewith) received by it in connection with the Mortgaged Property. (ii) Each Property Cash Flow Payment Amount paid after the Maturity Date shall be applied in accordance with the Lockbox Agreement. Interest accrued at the Adjusted Interest Rate and not paid shall be deferred and added to the indebtedness evidenced by this Note. (iii) Lender’s decision to forbear from exercising its rights under this Note, the Security Instruments and the Other Security Documents shall be revocable at any time by Lender without notice to Borrower. Upon any such revocation, Lender shall be entitled to pursue any and all remedies available to it under this Note, the Security Instruments, the Other Security Documents, at law or in equity. (iv) Anything herein to the contrary notwithstanding, Borrower shall have the right to pay the Loan in full on the Maturity Date. (b) Paragraph 1 is amended to add the following at the end of said paragraph: “In the case of an Optional Lender Forbearance as provided herein, the term “Applicable Interest Rate” shall mean the Adjusted Interest Rate from and after the Maturity Date through and including the date this Note is paid in full. The term “Adjusted Interest Rate” shall mean the greater of (x) the Initial Interest Rate plus four percent (4.0%); or (y) the Yield Rate on the then-current on-the-run 10-year U.S. Treasury Obligation (the “Specified U.S. Treasury Security”) plus four percent (4.0%). The term “Yield Rate” shall mean the yield rate for the Specified U.S. Treasury Security as such yield rate is reported in the Wall Street Journal on the fifth (5th) business day preceding the Maturity Date. In the event that no such yield rate is published for the Specified U.S. Treasury Security, then the nearest equivalent U.S. Treasury Security shall be selected at Lender’s sole discretion, and the yield rate therefor shall be the “Yield Rate”. If the publication of such yield rates in the Wall Street Journal is discontinued, Lender shall determine such yield rates from another source selected by Lender.”

Additional Terms and Provisions. Certain additional and supplemental terms and provisions of this Note are set forth in this paragraph. The terms and provisions of this paragraph control and supersede any conflicting terms and provisions contained in this Note. (a) Anything herein to the contrary notwithstanding, if Lender determines, in its sole discretion, at any time during the calendar month immediately preceding the Maturity Date that the Loan will not be paid as required on the Maturity Date, Lender shall have the option to to, (i) exercise its rights under this Note, the Security Instruments and the Other Security Documents to, among other things, foreclose upon the Mortgaged Property, or (ii) forbear from exercising its rights under this Note, the Security Instruments and the Other Security Documents to to, among other things, foreclose upon the Mortgaged Property (an “"Optional Lender Forbearance”"). In any such event, Lender shall notify Borrower of such its decision and the following shall occuroccur if Lender has elected to forxxxx xrom exercising its rights under this Note, the Security Instruments and the Other Security Documents : (i) On the first day of the month immediately following the Maturity Date and on the first day of each calendar month thereafter, Borrower shall pay to Lender an amount (each a “"Property Cash Flow Payment Amount”") equal to the greater of (a) the Monthly Debt Service Payment Amount Amount, and (b) Gross Income (as defined in the Security Agreement and Lockbox Agreement (the “"Lockbox Agreement”") executed contemporaneously herewith) received by it in connection with the Mortgaged Property. (ii) Each Property Cash Flow Payment Amount paid after the Maturity Date shall be applied in accordance with the Lockbox Agreement. Interest accrued at the Adjusted Interest Rate (defined below) and not paid shall be deferred and added to the indebtedness evidenced by this Note. (iii) Lender’s 's decision to forbear from exercising exxxxxxing its rights under this Note, the Security Instruments and the Other Security Documents shall be revocable at any time by Lender without notice to Borrower. Upon any such revocation, Lender shall be entitled to xo pursue any and all remedies available to it under this Note, the Security Instruments, the Other Security Documents, at law or in equity. (iv) Anything herein to the contrary notwithstanding, Borrower shall have the right to pay the Loan in full on the Maturity Date. (b) Paragraph 1 is amended to add the following at the end of said paragraph: “"In the case of an Optional Lender Forbearance as provided herein, the term “"Applicable Interest Rate” Rate " shall mean the Adjusted Interest Rate from and after the Maturity Date through and including the date this Note is paid in full. The term “"Adjusted Interest Rate” " shall mean the greater of (x) the Initial Interest Rate plus four five percent (4.05.0%); or (y) the Yield Rate on the then-current on-the-run 10-year U.S. Treasury Obligation (the “"Specified U.S. Treasury Security”") plus four five percent (4.05.0%). The term “"Yield Rate” " shall mean the yield rate for the Specified U.S. Treasury Security as such yield rate is reported in the Wall Street Journal on the fifth (5th) business day preceding the Maturity Date. In the event that no such yield rate is published for the Specified U.S. Treasury Security, then the nearest equivalent U.S. Treasury Security shall be selected at Lender’s 's sole discretion, and the yield rate therefor shall be the “"Yield Rate”". If the publication of such yield rates in the Wall Street Journal is discontinued, Lender shall determine such yield rates from another source selected by Lender.”"

Additional Terms and Provisions. Certain additional and supplemental terms and provisions of this Note are set forth in this paragraph. The terms and provisions of this paragraph control and supersede any conflicting terms and provisions contained in this Note. (a) Anything herein Contemporaneously herewith Bxxxxxxx has executed and delivered a Promissory Note to Lender in the contrary notwithstandingamount of $32,300,000.00 (the “Main Note”). Borrower acknowledges that a default under the Main Note shall be a default hereunder, if Lender determinesand a default hereunder (including, in its sole discretion, at any time during without limitation the calendar month immediately preceding failure to pay the Maturity Date that the Loan will not be paid as required balance of this Note on the Maturity Date, Lender shall have the option to forbear from exercising its rights under this Note, the Security Instruments and the Other Security Documents to foreclose upon the Mortgaged Property (an “Optional Lender Forbearance”). In such event, Lender shall notify Borrower of such decision and the following shall occur: (i) On the first day of the month immediately following the Maturity Date and on the first day of each calendar month thereafter, Borrower shall pay to Lender an amount (each a “Property Cash Flow Payment Amount”) equal to the greater of (a) the Monthly Debt Service Payment Amount and (b) Gross Income (as defined in the Security Agreement and Lockbox Agreement (the “Lockbox Agreement”) executed contemporaneously herewith) received by it in connection with the Mortgaged Property. (ii) Each Property Cash Flow Payment Amount paid after the Maturity Date shall be applied in accordance with a default under the Lockbox Agreement. Interest accrued at the Adjusted Interest Rate and not paid shall be deferred and added to the indebtedness evidenced by this Main Note. (iii) Lender’s decision to forbear from exercising its rights under this Note, the Security Instruments and the Other Security Documents shall be revocable at any time by Lender without notice to Borrower. Upon any such revocation, Lender shall be entitled to pursue any and all remedies available to it under this Note, the Security Instruments, the Other Security Documents, at law or in equity. (iv) Anything herein to the contrary notwithstanding, Borrower shall have the right to pay the Loan in full on the Maturity Date. (b) Paragraph 1 is amended to add Bxxxxxxx also agrees and acknowledges that the following at Security Instrument and each and every Other Security Document that secures the end Main Note shall also secure this Note, irrespective of said paragraph: “In whether the case of an Optional Lender Forbearance as provided hereinSecurity Instrument or such Other Security Document references this Note. BXXXXXXX AND LXXXXX XXXXXX KNOWINGLY, the term “Applicable Interest Rate” shall mean the Adjusted Interest Rate from and after the Maturity Date through and including the date this Note is paid in fullVOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT THEY, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON THE LOAN EVIDENCED BY THIS NOTE OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS NOTE, THE SECURITY INSTRUMENT OR ANY OF THE OTHER SECURITY DOCUMENTS, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENT (WHETHER VERBAL OR WRITTEN) OR ACTION OF BORROWER OR LENDER. The term “Adjusted Interest Rate” shall mean the greater of (x) the Initial Interest Rate plus four percent (4.0%); or (y) the Yield Rate on the then-current on-the-run 10-year U.S. Treasury Obligation (the “Specified U.S. Treasury Security”) plus four percent (4.0%). The term “Yield Rate” shall mean the yield rate for the Specified U.S. Treasury Security as such yield rate is reported in the Wall Street Journal on the fifth (5th) business day preceding the Maturity Date. In the event that no such yield rate is published for the Specified U.S. Treasury Security, then the nearest equivalent U.S. Treasury Security shall be selected at Lender’s sole discretion, and the yield rate therefor shall be the “Yield Rate”. If the publication of such yield rates in the Wall Street Journal is discontinued, Lender shall determine such yield rates from another source selected by LenderTHIS PROVISION IS A MATERIAL INDUCEMENT FOR LXXXXX’S MAKING OF THE LOAN SECURED BY THE SECURITY INSTRUMENT AND THE OTHER SECURITY DOCUMENTS.”