Common use of Borrower’s Obligations Absolute Clause in Contracts

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property or any portion thereof or any other Cross-collateralized Property; (b) any restriction or prevention of or interference with any use of the Property or any portion thereof or any other Cross-collateralized Property; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Borrower, any General Partner, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Borrower or any such General Partner, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim which Borrower has or might have against Lender; (f) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property or any portion thereof or any other Cross-collateralized Propertythereof; (b) any restriction or prevention of or interference with any use of the Property or any portion thereof or any other Cross-collateralized Propertythereof; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Borrower, any General Partner, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Borrower or any such General Partner, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim which Borrower has or might have against Lender; (f) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property or any portion thereof or any other Cross-collateralized Property; (b) any restriction or prevention of or interference with any use of the Property or any portion thereof or any other Cross-collateralized Property; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Owner, Borrower, any General Partner, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument Agreement or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Owner, Borrower or any such General Partner, guarantor or indemnitor, or by any court, in any such proceeding; (eb) any claim which Borrower has or might have against Lender; (fc) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (gd) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in expressly permitted by the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or notice, demand, counterclaim, set-offsetoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking condemnation or similar taking of the Mortgaged Property or any portion thereof or any other Cross-collateralized Propertythereof; (b) any restriction or prevention of or interference with any use of the Mortgaged Property or any portion thereof or any other Cross-collateralized Propertythereof; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding Bankruptcy Proceeding relating to Borrower, any General Partnergeneral partner of Borrower, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument Deed of Trust or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Borrower or any such General Partnergeneral partner, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim presently known to Borrower which Borrower has or might have against LenderLender or Trustee; (f) any default or failure on the part of Lender or Trustee prior to the date hereof to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing. Except as expressly provided herein, whether Borrower waives all rights now or not Borrower shall have notice hereafter conferred by statute or knowledge otherwise to any abatement, suspension, deferment, diminution or reduction of any of the foregoingsum secured hereby and payable by Borrower.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all All sums payable by Borrower hereunder shall be paid without notice or (except as otherwise expressly provided), demand, counterclaim, set-offsetoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking condemnation or similar taking of the Property Premises or any portion thereof or any other Cross-collateralized Propertythereof; (b) any restriction or prevention of or interference with any use of the Property Premises or any portion thereof or any other Cross-collateralized Propertythereof; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding Bankruptcy Proceeding relating to Borrower, any General PartnerPrincipal, any Indemnitor or any guarantor general partner, manager or indemnitormanaging member of Borrower, or any action taken with respect to this Security Instrument or any other Loan Document by any trustee or receiver of Borrower Borrower, any Principal, any Indemnitor or any other Cross-collateralized Borrower general partner, manager or any such General Partner, guarantor or indemnitormanaging member of Borrower, or by any court, in any such proceeding; (e) any claim which Borrower has or might have against Lender; or (f) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower. Except as expressly provided herein, Borrower waives all rights now or hereafter conferred by statute or otherwise to any other Cross-collateralized Borrower; abatement, suspension, deferment, diminution or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge reduction of any of the foregoingsum secured hereby and payable by Borrower.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property or any portion thereof or any other Cross-collateralized Property; (b) any restriction or prevention of or interference with any use of the Property or any portion thereof or any other Cross-collateralized Property; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Owner, Intermediate Mez Borrower, Senior Mez Borrower, Borrower, Operating Tenant, any General Partner, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument Agreement or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Owner, Intermediate Mez Borrower, Senior Mez Borrower, Operating Tenant, Borrower or any such General Partner, guarantor or indemnitor, or by any court, in any such proceeding; (eb) any claim which Borrower has or might have against Lender; (fc) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (gd) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property or any portion thereof or any other Cross-collateralized Property; (b) any restriction or prevention of or interference with any use of the Property or any portion thereof or any other Cross-collateralized Propertythereof; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Borrower, any General Partner, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Borrower or any such General Partner, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim which Borrower has or might have against Lender; (f) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all All sums payable by Borrower hereunder shall be paid without notice or notice, demand, counterclaim, set-offsetoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking condemnation or similar taking of the Property Premises or any portion thereof or any other Cross-collateralized Propertythereof; (b) any restriction or prevention of or interference with any use of the Property Premises or any portion thereof or any other Cross-collateralized Propertythereof; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding Bankruptcy Proceeding relating to Borrower, any General PartnerPrincipal, any Indemnitor or any guarantor general partner, manager or indemnitormanaging member of Borrower, or any action taken with respect to this Security Instrument or any other Loan Document by any trustee or receiver of Borrower Borrower, any Principal, any Indemnitor or any other Cross-collateralized Borrower general partner, manager or any such General Partner, guarantor or indemnitormanaging member of Borrower, or by any court, in any such proceeding; (e) any claim which Borrower has or might have against Lender; (f) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing. Except as expressly provided herein, Borrower waives all rights now or hereafter conferred by statute or otherwise to any abatement, suspension, deferment, diminution or reduction of any sum secured hereby and payable by Borrower.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all All sums payable by Borrower hereunder shall be paid without notice or notice, demand, counterclaim, set-offsetoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking condemnation or similar taking of the Property Premises or any portion thereof or any other Cross-collateralized Propertythereof; (b) any restriction or prevention of or interference with any use of the Property Premises or any portion thereof or any other Cross-collateralized Propertythereof; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding Bankruptcy Proceeding relating to Borrower, any General PartnerPrincipal, any Indemnitor or any guarantor general partner, manager or indemnitormanaging member of Borrower, or any action taken with respect to this Security Instrument Agreement or any other Loan Document by any trustee or receiver of Borrower Borrower, any Principal, any Indemnitor or any other Cross-collateralized Borrower general partner, manager or any such General Partner, guarantor or indemnitormanaging member of Borrower, or by any court, in any such proceeding; (e) any claim which Borrower has or might have against Lender; (f) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing. Except as expressly provided herein, Borrower waives all rights now or hereafter conferred by statute or otherwise to any abatement, suspension, deferment, diminution or reduction of any sum secured hereby and payable by Borrower.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged The Borrowers assume all risks in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive connection with the business, prospect, profits, operations or condition (financial or otherwise) Letters of BorrowerCredit. Except as set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder The Borrowers' obligations under this Section 2.8 shall be paid without notice absolute and unconditional under any and all circumstances and irrespective of the occurrence of any Default or demandany condition precedent whatsoever or any setoff, counterclaim, set-off, deduction counterclaim or defense to payment which any Borrower may have or have had against the Agent, the Issuing Bank or any Lender or any beneficiary of a Letter of Credit. The Borrowers also agree that the Agent, the Issuing Bank and without abatement, suspension, deferment, diminution or reductionany other Lender shall not be responsible for, and the obligations and liabilities Borrowers' LC Draw Obligations shall not be affected by, among other things, (i) the validity, genuineness or enforceability of Borrower hereunder shall documents or of any endorsements thereon, even if such documents should in no way fact prove to be releasedin any or all respects invalid, dischargedinsufficient (provided all such documents conform on their face), fraudulent or forged, or otherwise affected (except as expressly provided herein) by reason of: (aii) any damage to dispute between or destruction among any Borrower, any of its Subsidiaries, the beneficiary of any Letter of Credit or any Taking financing institution or other party to which any Letter of the Property Credit may be transferred or any portion thereof claims or defenses whatsoever of any Borrower or any of its Subsidiaries against the beneficiary of any Letter of Credit or any such transferee. The Agent, the Issuing Bank and any other Lender shall not be liable for any error, omission, interruption or delay in transmission, dispatch or delivery of any message or advice, however transmitted, in connection with any Letter of Credit. The Borrowers agree that any action taken or omitted by the Agent, the Issuing Bank or any other Cross-collateralized Property; (b) any restriction Lender under or prevention in connection with each Letter of or interference with any use of Credit and the Property or any portion thereof related drafts and documents, if done in good faith, shall be binding upon the Borrowers and shall not subject the Agent, the Issuing Bank or any other Cross-collateralized Property; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Borrower, any General Partner, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Borrower or any such General Partner, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim which Borrower has or might have against Lender; (f) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (g) any other occurrence whatsoever, whether similar or dissimilar liability to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoingBorrowers.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property or any portion thereof or any other Cross-collateralized Property; (b) any restriction or prevention of or interference with any use of the Property or any portion thereof or any other Cross-collateralized Property; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Owner, Senior Mez Borrower, Borrower, Operating Tenant, any General Partner, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument Agreement or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Owner, Senior Mez Borrower, Operating Tenant, Borrower or any such General Partner, guarantor or indemnitor, or by any court, in any such proceeding; (eb) any claim which Borrower has or might have against Lender; (fc) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (gd) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property or any portion thereof or any other Cross-collateralized Property; (b) any restriction or prevention of or interference with any use of the Property or any portion thereof or any other Cross-collateralized Property; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Owner, Borrower, any General Partner, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument Agreement or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Owner, Borrower or any such General Partner, guarantor Partner or indemnitor, or by any court, in any such proceeding; (eb) any claim which Borrower has or might have against Lender; (fc) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (gd) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property Projects or any portion thereof or any other Cross-collateralized Propertythereof; (b) any restriction or prevention of or interference with any use of the Property Projects or any portion thereof or any other Cross-collateralized Propertythereof; (c) any title defect or encumbrance or any eviction from the Premises Projects or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Borrower, any General PartnerSole Member, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument Agreement or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Borrower Sole Member or any such General Partner, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim which Borrower has or might have against Lender; (f) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower (except to the extent that such default or failure on the part of Lender is as a result of Lender’s refusal to release funds from any Escrow Account in contravention of the terms and provisions of this Agreement and the other Cross-collateralized BorrowerLoan Documents); or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property or any portion thereof or any other Cross-collateralized Property; (b) any restriction or prevention of or interference with any use of the Property or any portion thereof or any other Cross-collateralized Property; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Owner, Borrower, Operating Tenant, any General Partner, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument Agreement or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Owner, Operating Tenant, Borrower or any such General Partner, guarantor or indemnitor, or by any court, in any such proceeding; (eb) any claim which Borrower has or might have against Lender; (fc) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (gd) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property or any portion thereof or any other Cross-collateralized Property; (b) any restriction or prevention of or interference with any use of the Property or any portion thereof or any other Cross-collateralized Propertythereof; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Borrower, any General Partner, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Borrower or any such General Partner, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim which Borrower has or might have against Lender; (f) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing.. 104

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or demand, 108 counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property Projects or any portion thereof or any other Cross-collateralized Propertythereof; (b) any restriction or prevention of or interference with any use of the Property Projects or any portion thereof or any other Cross-collateralized Propertythereof; (c) any title defect or encumbrance or any eviction from the Premises Projects or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Borrower, any General PartnerSole Member, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument Agreement or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Borrower Sole Member or any such General Partner, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim which Borrower has or might have against Lender; (f) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower (except to the extent that such default or failure on the part of Lender is as a result of Lender’s refusal to release funds from any Escrow Account in contravention of the terms and provisions of this Agreement and the other Cross-collateralized BorrowerLoan Documents); or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all All sums payable by Borrower hereunder shall be paid without notice or (except as otherwise expressly provided), demand, counterclaim, set-offsetoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking condemnation or similar taking of the Property Premises or any portion thereof or any other Cross-collateralized Propertythereof; (b) any restriction or prevention of or interference with any use of the Property Premises or any portion thereof or any other Cross-collateralized Propertythereof; (c) (A) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwiseotherwise or (B) any title defect or encumbrance affecting the Collateral; (d) any bankruptcy proceeding Bankruptcy Proceeding relating to Borrower, Mortgage Borrower, Mortgage Pledgor, any General PartnerPrincipal, any Indemnitor or any guarantor general partner, manager or indemnitormanaging member of Borrower, Mortgage Borrower or Mortgage Pledgor, or any action taken with respect to this Security Instrument or any other Loan Document by any trustee or receiver of Borrower, Mortgage Borrower, Mortgage Pledgor, any Principal, any Indemnitor or any general partner, manager or managing member of Borrower, Mortgage Borrower or any other Cross-collateralized Borrower or any such General Partner, guarantor or indemnitorMortgage Pledgor, or by any court, in any such proceeding; (e) any claim which Borrower has or might have against Administrative Agent or Lender; or (f) any default or failure on the part of Administrative Agent or Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower. Except as expressly provided herein, Borrower waives all rights now or hereafter conferred by statute or otherwise to any other Cross-collateralized Borrower; abatement, suspension, deferment, diminution or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge reduction of any of the foregoingsum secured hereby and payable by Borrower.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property or any portion thereof or any other Cross-collateralized Property; (b) any restriction or prevention of or interference with any use of the Property or any portion thereof or any other Cross-collateralized Property; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Owner, Senior Mezz Borrower, Intermediate Mezz Borrower, Borrower, any General Partner, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument Agreement or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Owner, Senior Mezz Borrower, Intermediate Mezz Borrower, Borrower or any such General Partner, guarantor Partner or indemnitor, or by any court, in any such proceeding; (eb) any claim which Borrower has or might have against Lender; (fc) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (gd) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property or any portion thereof or any other Cross-collateralized Property; (b) any restriction or prevention of or interference with any use of the Property or any portion thereof or any other Cross-collateralized Property; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Owner, First Mez Borrower, Second Mez Borrower, Borrower, any General Partner, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument Agreement or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Owner, First Mez Borrower, Second Mez Borrower, Borrower or any such General Partner, guarantor Partner or indemnitor, or by any court, in any such proceeding; (eb) any claim which Borrower has or might have against Lender; (fc) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (gd) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property or any portion thereof or any other Cross-collateralized Property; (b) any restriction or prevention of or interference with any use of the Property or any portion thereof or any other Cross-collateralized Propertythereof; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Borrower, any General Partner, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Borrower or any such General Partner, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim which Borrower has or might have against Lender; (f) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as expressly set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or demand, counterclaim, set-offsetoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking taking of the Property or any portion thereof or any other Cross-collateralized Propertythereof; (b) any restriction or prevention of or interference with any use of the Property or any portion thereof or any other Cross-collateralized Propertythereof; (c) any title defect or encumbrance or any eviction from the Premises Property or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Borrower, any General Partnergeneral partner, member, or shareholder, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument Agreement or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Borrower or any such General Partnergeneral partner, member, shareholder, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim which Borrower has or might have against Lender; (f) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in expressly permitted by the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or notice, demand, counterclaim, set-offsetoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking condemnation or similar taking of the Mortgaged Property or any portion thereof or any other Cross-collateralized Propertythereof; (b) any restriction or prevention of or interference with any use of the Mortgaged Property or any portion thereof or any other Cross-collateralized Propertythereof; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding Bankruptcy Proceeding relating to Borrower, any General Partnergeneral partner of Borrower, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument Deed of Trust or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Borrower or any such General Partnergeneral partner, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim presently known to Borrower which Borrower has or might have against LenderLender or Trustee; (f) any default or failure on the part of Lender or Trustee prior to the date hereof to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing.. Except as expressly provided herein,

Borrower’s Obligations Absolute. Borrower acknowledges Except for notices required hereunder or by applicable law that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may cannot be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documentswaived, all sums payable by Borrower hereunder shall be paid without notice or notice, demand, counterclaim, set-offsetoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking condemnation or similar taking of the Property Premises or any portion thereof or any other Cross-collateralized Propertythereof; (b) any restriction or prevention of or interference with any use of the Property Premises or any portion thereof or any other Cross-collateralized Propertythereof; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding Bankruptcy Proceeding relating to Borrower, any General PartnerPrincipal, any Indemnitor or any guarantor general partner, manager or indemnitormanaging member of Borrower, or any action taken with respect to this Security Instrument Agreement or any other Loan Document by any trustee or receiver of Borrower Borrower, any Principal, any Indemnitor or any other Cross-collateralized Borrower general partner, manager or any such General Partner, guarantor or indemnitormanaging member of Borrower, or by any court, in any such proceeding; (e) any claim which Borrower has or might have against Lender; (f) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing. Except as expressly provided herein, Borrower waives all rights now or hereafter conferred by statute or otherwise to any abatement, suspension, deferment, diminution or reduction of any sum secured hereby and payable by Borrower. If such defense, counterclaim or setoff is based on a claim which could be tried in an action for money damages, the foregoing waiver shall not bar a separate action for such damage (unless such claim is required by law or applicable rules of procedure to be pleaded in or consolidated with the action initiated by Lender), but such separate action shall not thereafter be consolidated with any foreclosure action by Lender. The bringing of such separate action for money damages shall not be deemed to afford any grounds for staying any such foreclosure action.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all All sums payable by Borrower hereunder shall be paid without notice or (except as otherwise expressly provided), demand, counterclaim, set-offsetoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking condemnation or similar taking of the Property Premises or any portion thereof or any other Cross-collateralized Propertythereof; (b) any restriction or prevention of or interference with any use of the Property Premises or any portion thereof or any other Cross-collateralized Propertythereof; (c) (A) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwiseotherwise or (B) any title defect or encumbrance affecting the Collateral; (d) any bankruptcy proceeding Bankruptcy Proceeding relating to Borrower, Mortgage Borrower, Additional Pledgor, any General PartnerPrincipal, any Indemnitor or any guarantor general partner, manager or indemnitormanaging member of Borrower, Mortgage Borrower or Additional Pledgor, or any action taken with respect to this Security Instrument or any other Loan Document by any trustee or receiver of Borrower, Mortgage Borrower, Additional Pledgor, any Principal, any Indemnitor or any general partner, manager or managing member of Borrower, Mortgage Borrower or any other Cross-collateralized Borrower or any such General Partner, guarantor or indemnitorAdditional Pledgor, or by any court, in any such proceeding; (e) any claim which Borrower has or might have against Administrative Agent or Lender; or (f) any default or failure on the part of Administrative Agent or Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower. Except as expressly provided herein, Borrower waives all rights now or hereafter conferred by statute or otherwise to any other Cross-collateralized Borrower; abatement, suspension, deferment, diminution or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge reduction of any of the foregoingsum secured hereby and payable by Borrower.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged The Borrowers assume all risks in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive connection with the business, prospect, profits, operations or condition (financial or otherwise) Letters of BorrowerCredit. Except as set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder The Borrowers' obligations under this Section 2.8 shall be paid without notice absolute and unconditional under any and all circumstances and irrespective of the occurrence of any Default or demandany condition precedent whatsoever or any setoff, counterclaim, set-off, deduction counterclaim or defense and without abatement, suspension, deferment, diminution to payment which any Borrower may have or reductionhave had against the Lender or any beneficiary of a Letter of Credit. The Borrowers also agree that the Lender shall not be responsible for, and the obligations and liabilities Borrowers' LC Draw Obligations shall not be affected by, among other things, (i) the validity, genuineness or enforceability of Borrower hereunder shall documents or of any endorsements thereon, even if such documents should in no way fact prove to be releasedin any or all respects invalid, dischargedinsufficient (provided all such documents conform on their face), fraudulent or forged, or otherwise affected (except as expressly provided herein) by reason of: (aii) any damage to dispute between or destruction of or among any Taking of the Property or any portion thereof or any other Cross-collateralized Property; (b) any restriction or prevention of or interference with any use of the Property or any portion thereof or any other Cross-collateralized Property; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Borrower, any General Partnerof its Subsidiaries, the beneficiary of any Letter of Credit or any guarantor financing institution or indemnitorother party to which any Letter of Credit may be transferred or any claims or defenses whatsoever of any Borrower or any of its Subsidiaries against the beneficiary of any Letter of Credit or any such transferee. The Lender shall not be liable for any error, omission, interruption or delay in transmission, dispatch or delivery of any message or advice, however transmitted, in connection with any Letter of Credit. The Borrowers agree that any action taken or omitted to be taken by the Lender under or in connection with respect to this Security Instrument each Letter of Credit and the related drafts and documents, if done in good faith without gross negligence or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Borrower or any such General Partnerwillful misconduct, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim which Borrower has or might have against Lender; (f) any default or failure on shall be binding upon the part of Borrowers and shall not subject the Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoingliability.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property or any portion thereof or any other Cross-collateralized Propertythereof; (b) any restriction or prevention of or interference with any use of the Property or any portion thereof or any other Cross-collateralized Propertythereof; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Borrower, any General Partner, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Borrower or any such General Partner, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim 102 which Borrower has or might have against Lender; (f) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property or any portion thereof or any other Cross-collateralized Propertythereof; (b) any restriction or prevention of or interference with any use of the Property or any portion thereof or any other Cross-collateralized Propertythereof; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Borrower, any General Partner, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Borrower or any such General PartnerPmtner, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim which Borrower has or might have against Lender; (f) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all sums payable by Borrower hereunder shall be paid without notice or demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or 113 reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the Property or any portion thereof or any other Cross-collateralized Property; (b) any restriction or prevention of or interference with any use of the Property or any portion thereof or any other Cross-collateralized Property; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Borrower, any General Partner, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Borrower or any such General Partner, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim which Borrower has or might have against Lender; (f) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized BorrowerProperty; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing.

Borrower’s Obligations Absolute. Borrower acknowledges that Lender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Borrower. Except as set forth to the contrary in the Loan Documents, all All sums payable by Borrower hereunder shall be paid without notice or notice, demand, counterclaim, set-offsetoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the obligations and liabilities of Borrower hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking condemnation or similar taking of the Mortgaged Property or any portion thereof or any other Cross-collateralized Propertythereof; (b) any restriction or prevention of or interference with any use of the Mortgaged Property or any portion thereof or any other Cross-collateralized Propertythereof; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding Bankruptcy Proceeding relating to Borrower, any General Partnergeneral partner of Borrower, or any guarantor or indemnitor, or any action taken with respect to this Security Instrument Deed of Trust or any other Loan Document by any trustee or receiver of Borrower or any other Cross-collateralized Borrower or any such General Partnergeneral partner, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim which Borrower has or might have against LenderLender or Trustee; (f) any default or failure on the part of Lender or Trustee to perform or comply with any of the terms hereof or of any other agreement with Borrower or any other Cross-collateralized Borrower; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Borrower shall have notice or knowledge of any of the foregoing. Except as expressly provided herein, Borrower waives all rights now or hereafter conferred by statute or otherwise to any abatement, suspension, deferment, diminution or reduction of any sum secured hereby and payable by Borrower.