Common use of Remedies Cumulative, etc Clause in Contracts

Remedies Cumulative, etc. (i) No right or remedy conferred upon or reserved to the Bank under any of the Loan Documents, or of performance of any of the Borrower’s obligations under any of the Loan Documents, or any collateral securing the payment of the Loan under any of the Loan Documents (collectively, the “Collateral”), now or hereafter existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole discretion of the Bank, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore shall occur. No act of the Bank shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore, each such right or remedy of the Bank shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documents, shall not be construed as a waiver or release of the same, or of any Event of Default thereunder, or of any obligation or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent the Bank from waiving any condition, obligation or default it should so elect. In the event of such election by the Bank, any waiver, in order to be effective, must be in writing and signed by the Bank, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect thereto. (ii) The recovery of any judgment by the Bank and/or the levy of execution under any judgment shall not affect in any manner or to any extent, liens or other security interests in any Collateral, or any rights, remedies or powers of the Bank under any of the Loan Documents or with respect to any Collateral, but such liens and security interests, and such rights, remedies and powers of the Bank shall continue unimpaired as before. Further, the entry of any judgment by the Bank shall not affect in any way the interest rate payable under any of the Loan Documents on any amounts due to the Bank, but interest shall continue to accrue on such amounts at the Default Rate (as hereafter defined). (iii) Except as to notices that are specifically provided for herein or in any of the other Loan Documents, the Borrower hereby waives presentment, demand, notice of nonpayment, protest, notice of protest, or other notice of dishonor, and any and all other notices in connection with any default in the payment of, or any enforcement of the payment of, the Loan. To the extent permitted by law, Borrower waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. (iv) The Borrower agrees that the Bank may release, compromise, forbear with respect to, waive, suspend, extend or renew any of the terms of the Loan Documents (and the Borrower hereby waives any notice of any of the foregoing), and that the Loan Documents may be amended, supplemented or modified by the Bank and the other signatory parties and that the Bank may resort to any Collateral in such order and manner as it may think fit, or accept the assignment, substitution, exchange, pledge, or release of all or any portion of any Collateral, for such consideration, or none, as it may require, without in any way affecting the validity of any liens over or other security interest in the remainder of any such Collateral (or the priority thereof or the position of any subordinate holder of any lien or other security interest with respect thereto); and any action taken by the Bank pursuant to the foregoing shall in no way be construed as a waiver or release of any right or remedy of the Bank, or of any Event of Default, or of any liability or obligation of the Borrower, under any of the Loan Documents.

Remedies Cumulative, etc. (iA) No right or Each right, power, and remedy conferred upon or reserved specifically given to the Bank under any of the Loan DocumentsMortgagee herein, or of performance of any of the Borrower’s obligations under any of the Loan Documents, or any collateral securing the payment of the Loan under any of the Loan Documents (collectively, the “Collateral”), now or hereafter otherwise existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right right, power, and remedy specifically given herein, or in the Loan Agreement or now or hereafter existing at law, in equity, or otherwise; and each right, power and remedy, and whether specifically given herein or under the Loan Agreement or otherwise existing, may be pursued singlyexercised from time to time and as often and in such order as may be deemed expedient by the Mortgagee; and the exercise of any right, concurrently, successively power or otherwise, at the sole discretion of the Bank, and remedy shall not be exhausted by any one exercise thereof but may construed to be exercised as often as occasion therefore shall occur. No act a waiver of the Bank right to exercise at the same time or thereafter any other right, power or remedy. (B) No delay or omission by the Mortgagee in the exercise of any right or power, or in the pursuance of any remedy, shall impair any such right, power, or remedy or be construed to be a waiver of any default on the part of the Mortgagor or to be an acquiescence therein. (C) No waiver by the Mortgagee of any breach or Default or Event of Default by the Mortgagor under this Chattel Mortgage shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion a waiver of any other such right previous breach or remedy; furthermore, each such right default or remedy of the Bank shall be separate, distinct and cumulative and none shall be given effect to the exclusion any thereafter occurring. (D) The invalidity of any otherremedy in any jurisdiction shall not invalidate such remedy in any other jurisdiction. The failure to exercise invalidity or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term unenforceability of any of the Loan Documents, remedies herein provided in any jurisdiction shall not be construed as a waiver or release of the same, or of any Event of Default thereunder, or of any obligation or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent the Bank from waiving any condition, obligation or default it should so elect. In the event of such election by the Bank, any waiver, in order to be effective, must be in writing and signed by the Bank, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect thereto. (ii) The recovery of any judgment by the Bank and/or the levy of execution under any judgment shall not affect in any manner or to any extent, liens or other security interests in any Collateral, or any rights, remedies or powers of the Bank under any of the Loan Documents or with respect to any Collateral, but such liens and security interests, and such rights, remedies and powers of the Bank shall continue unimpaired as before. Further, the entry of any judgment by the Bank shall not affect in any way affect the interest rate payable under any of the Loan Documents on any amounts due right to the Bank, but interest shall continue to accrue on enforcement in such amounts at the Default Rate (as hereafter defined). (iii) Except as to notices that are specifically provided for herein jurisdiction or in elsewhere of any of the other Loan Documents, the Borrower hereby waives presentment, demand, notice of nonpayment, protest, notice of protest, or other notice of dishonor, and any and all other notices in connection with any default in the payment of, or any enforcement of the payment of, the Loan. To the extent permitted by law, Borrower waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effectremedies herein provided. (iv) The Borrower agrees that the Bank may release, compromise, forbear with respect to, waive, suspend, extend or renew any of the terms of the Loan Documents (and the Borrower hereby waives any notice of any of the foregoing), and that the Loan Documents may be amended, supplemented or modified by the Bank and the other signatory parties and that the Bank may resort to any Collateral in such order and manner as it may think fit, or accept the assignment, substitution, exchange, pledge, or release of all or any portion of any Collateral, for such consideration, or none, as it may require, without in any way affecting the validity of any liens over or other security interest in the remainder of any such Collateral (or the priority thereof or the position of any subordinate holder of any lien or other security interest with respect thereto); and any action taken by the Bank pursuant to the foregoing shall in no way be construed as a waiver or release of any right or remedy of the Bank, or of any Event of Default, or of any liability or obligation of the Borrower, under any of the Loan Documents.

Remedies Cumulative, etc. (i) a. No right or remedy conferred upon or reserved to the Bank under any of the Loan Documents, or of performance of any of the Borrower’s obligations under any of the Loan Documents, or any collateral securing the payment of the Loan Mortgagee under any of the Loan Documents (collectivelyor with respect to any Collateral, the “Collateral”), or now or hereafter existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, remedy and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singlyseparately, concurrently, successively or otherwise, at the sole discretion of the BankMortgagee, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore therefor shall occur. No act of the Bank Mortgagee shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore, each such right or remedy of the Bank Mortgagee shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documents, shall not be construed as a waiver or release of the same, or of any Event of Default thereunder, or of any obligation or liability of the Borrower Mortgagor thereunder. Nothing herein, however, shall be construed to prevent the Bank from waiving any condition, obligation or default it should so elect. In the event of such election by the Bank, any waiver, in order to be effective, must be in writing and signed by the Bank, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect thereto. (ii) b. The recovery of any judgment by the Bank and/or Mortgagee or the levy of execution under any judgment upon the Mortgaged Property shall not affect in any manner manner, or to any extent, liens the lien of this Open End Mortgage and Security Agreement upon the Mortgaged Property, or other any security interests interest in any other Collateral, or any rights, remedies or powers of the Bank Mortgagee under any of the Loan Documents or with respect to any Collateral, but such liens lien and such security interests, interest and such rights, remedies and powers of the Bank Mortgagee shall continue unimpaired as before. Further, the entry of any judgment by the Bank Mortgagee shall not affect in any way the interest rate payable hereunder or under any of the other Loan Documents on any amounts due to the BankMortgagee, but interest shall continue to accrue on such amounts amount at the Default Rate (as hereafter defined)rate provided in the Note after the entry of any judgment and continuing until distribution of the proceeds of any Sheriffs sale. (iii) c. Except as to notices that are specifically provided for herein or in any of the other extent required under the Loan Documents, the Borrower Mortgagor hereby waives presentment, demand, notice of nonpayment, protest, notice of protest, protest or other notice of dishonor, and any and all other notices in connection with any default in the payment of, or any enforcement of the payment of, the LoanAggregate Debt. To the extent permitted by law, Borrower Mortgagor waives the right to any stay of execution and the benefit of all exemption laws now or hereafter hereinafter in effect. (iv) The Borrower d. Mortgagor agrees that the Bank Mortgagee may release, compromise, forbear with respect to, waive, suspend, extend or renew any of the terms of the Loan Documents (and the Borrower Mortgagor hereby waives any notice of any of the foregoing), and that the Loan Documents may be amended, supplemented or modified by the Bank Mortgagee and the other signatory parties and that the Bank Mortgagee may resort to any Collateral in such order and manner as it may think fit, or accept the assignment, substitution, exchange, pledgeexchange or pledge of any other collateral in place of, or release of for such consideration, or none as it may require, all or any portion of any Collateral, for such consideration, or none, as it may require, without in any way affecting the validity of any liens its lien over or other security interest in the remainder of any such Collateral (or the priority thereof or the position of any subordinate holder of any lien or other security interest with respect thereto); ) and any action taken by the Bank Mortgagee pursuant to any of the foregoing shall in no way be construed as a waiver or release of any right or remedy of the BankMortgagee, or of any Event event of Defaultdefault, or of any liability or obligation of the BorrowerMortgagor, under any of the Loan Documents. e. To the extent permitted by law, Mortgagor shall not at any time insist upon, or plead, or in any manner whatever claim or take any benefit or advantage of any stay or extension or moratorium law, or any exemption from execution or sale of the Mortgaged Property, wherever enacted, now or at any time hereafter in force, which may affect the covenants and terms of performance of this Open End Mortgage and Security Agreement, nor claim, take, or insist upon any benefit or advantage of any law now or hereafter in force providing for the valuation or appraisal of the Mortgaged Property, prior to any sale of any of Mortgagor’s interest therein; nor, after any such sale or sales, claim or exercise any right under any statute heretofore or hereafter enacted to redeem the Real Property so sold or any part thereof, and Mortgagor hereby expressly waives all benefit or advantage of any such law or laws, and covenants not to hinder, delay, or impede the execution of any power herein granted to Mortgagee but to suffer and permit the execution of every power as though now such law or laws had been made or enacted. Mortgagor further waives and releases all procedural errors, defects and imperfections in any proceeding instituted by Mortgagee under any of the Loan Documents. f. Mortgagor, for itself and for all persons hereafter claiming through or under it or who may at any time hereinafter become holders of liens junior to the lien of this Open End Mortgage and Security Agreement, hereby expressly waives and releases all rights to direct the order in which any of the Mortgaged Property shall be sold in the event of any sale or sales pursuant hereto and to have any of the Mortgaged Property and/or any other property now or hereafter constituting security for the Aggregate Debt marshalled upon any foreclosure of this Open End Mortgage and Security Agreement or of any other security for any of the Aggregate Debt. g. Mortgagor agrees that any action or proceeding against it to enforce the Open End Mortgage and Security Agreement may be commenced in any state or federal court in Pennsylvania, and Mortgagor waives personal service of process and agrees that a summons and complaint commencing an action or proceeding in any such court shall be properly served and shall confer personal jurisdiction if served by registered or certified mail in accordance with the notice provisions set forth herein.

Remedies Cumulative, etc. (ia) No right or remedy conferred upon or reserved to the Bank under any of the Loan Documents, or of performance of any of the Borrower’s obligations under any of the Loan Documents, or any collateral securing the payment of the Loan Mortgagee under any of the Loan Documents (collectivelyor with respect to any of the Mortgaged Property, the “Collateral”), or now or hereafter existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, remedy and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singlyseparately, concurrently, successively or otherwise, at the sole discretion of the BankMortgagee, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore therefor shall occur. No act of the Bank Mortgagee shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore, each such right or remedy of the Bank Mortgagee shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documents, shall not be construed as a waiver or release of the same, or of any Event event of Default default thereunder, or of any obligation or liability of the Borrower Mortgagor thereunder. Nothing herein, however, shall be construed to prevent the Bank from waiving any condition, obligation or default it should so elect. In the event of such election by the Bank, any waiver, in order to be effective, must be in writing and signed by the Bank, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect thereto. (iib) The recovery of any judgment by the Bank and/or Mortgagee or the levy of execution under any judgment upon the Mortgaged Property shall not affect in any manner manner, or to any extent, liens the lien of 18 19 this Mortgage upon the Mortgaged Property, or other any security interests interest in any Collateralother Mortgaged Property, or any rights, remedies or powers of the Bank Mortgagee under any of the Loan Documents or with respect to any Collateralof the Mortgaged Property, but such liens lien and such security interests, interest and such rights, remedies and powers of the Bank Mortgagee shall continue unimpaired as before. Further, the entry of any judgment by the Bank Mortgagee shall not affect in any way the interest rate payable hereunder or under any of the other Loan Documents on any amounts due to the BankMortgagee, but interest shall continue to accrue on such amounts at the Default Rate (as hereafter hereinafter defined)) after the entry of any judgment and continuing until distribution of the proceeds of any Sheriff's sale. (iiic) Except as to notices that are specifically provided for herein or in any of the other Loan Documents, the Borrower Mortgagor hereby waives presentment, demand, notice of nonpayment, protest, notice of protest, protest or other notice of dishonor, and any and all other notices in connection with any default in the payment of, or any enforcement of the payment of, the LoanObligations, except such notices as contemplated hereon or in the Loan Agreement. To the extent permitted by law, Borrower Mortgagor waives the right to any stay of execution and the benefit of all exemption laws now or hereafter hereinafter in effect. (ivd) The Borrower Mortgagor agrees that the Bank Mortgagee may release, compromise, forbear with respect to, waive, suspend, extend or renew any of the terms of the Loan Documents (and the Borrower Mortgagor hereby waives any notice of any of the foregoing), and that the Loan Documents may be amended, supplemented or modified by the Bank Mortgagee and the other signatory parties and that the Bank Mortgagee may resort to any Collateral of the Mortgaged Property (or any other collateral securing the Obligations) in such order and manner as it may think fit, or accept the assignment, substitution, exchange, pledge, or release of all or any portion of any Collateralof the Mortgaged Property, for such consideration, or none, as it may require, without in any way affecting the validity of any liens over or other security interest in the remainder of any such Collateral Mortgaged Property (or the priority thereof or the position portion of any subordinate holder of any lien or other security interest with respect thereto); and any action taken by the Bank Mortgagee pursuant to the foregoing shall in no way be construed as a waiver or release of any right or remedy of the BankMortgagee, or of any Event event of Defaultdefault, or of any liability or obligation of the BorrowerMortgagor, under any of the Loan Documents. (e) To the extent permitted by law, Mortgagor shall not at any time insist upon, or plead, or in any manner whatever claim or take any benefit or advantage of any stay or extension or moratorium law, or any exemption from execution or sale of the Mortgaged Property, wherever enacted, now or at any time hereafter in force, which may affect the covenants and terms of performance of this Mortgage, nor claim, take, or insist upon any benefit or advantage of any law now or hereafter by providing for the valuation or appraisal of the Mortgaged Property, prior to any sale of any of Mortgagor's interest therein; nor, after any such sale or sales, claim or exercise any right under any statute heretofore or hereafter enacted to redeem the Mortgaged Property so sold or any part thereof, and Mortgagor hereby expressly waives all benefit or advantage of any such law or laws, and covenants not to hinder, delay, or impede the execution of any power herein granted to Mortgagee but to suffer and permit the execution of every power as though no such law or laws had been made or enacted. Mortgagor further waives and releases all procedural errors, defects and imperfections in any proceeding instituted by Mortgagee under any of the Loan Documents. (f) Mortgagor, for itself and for all persons hereafter claiming through or under it or who may at any time hereinafter become holders of liens junior to the lien of this Mortgage hereby expressly waives and releases all rights to direct the order in which any of the Mortgaged Property shall be sold in the event of any sale or sales pursuant hereto and to have any of the Mortgaged Property and/or any other property now or hereafter constituting security for the Obligations marshaled upon any foreclosure of this Mortgage or of any other security for any of the Obligations. (g) Mortgagor agrees that any action or proceeding against it to enforce the Mortgage may be commenced in state or federal court in Pennsylvania, and Mortgagor waives personal service of process and agrees that a summons and complaint commencing an action or proceeding in any such court shall be properly served if served by registered or certified mail in accordance with the notice provisions set forth herein and Mortgagor expressly waives any and all defenses to an exercise of personal jurisdiction by any such court.

Remedies Cumulative, etc. (i) No right or remedy conferred upon or reserved to the Bank under any of the Loan Documents, or with respect to any guaranty of payment of the Loans or of performance of any of the Borrower’s 's obligations under any of the Loan Documents, Documents or any collateral Collateral securing the payment of the Loan Loans under any of the Loan Documents (collectively, the “Collateral”)Documents, now or hereafter existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole discretion of the Bank, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore shall occur. No act of the Bank shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore, each such right or remedy of the Bank shall be separate, separate distinct and cumulative and any none shall be given giving effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documents, shall not be construed as a waiver or release of the same, or of any Event of Default thereunder, or of any obligation or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent the Bank from waiving any condition, obligation or default it should so elect. In the event of such election by the Bank, any waiver, in order to be effective, must be in writing and signed by the Bank, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect thereto. (ii) The recovery of any judgment by the Bank and/or the levy of execution under any judgment shall not affect in any manner or to any extent, liens or other security interests in any Collateral, or any rights, remedies or powers of the Bank under any of the Loan Documents or with respect to any Collateral, but such liens and security interests, and such rights, remedies and powers of the Bank shall continue unimpaired as before. Further, the entry of any judgment by the Bank shall not affect in any way the interest rate payable under any of the Loan Documents on any amounts due to the Bank, but interest shall continue to accrue on such amounts at the Default Rate (as hereafter defined)Rate. (iii) Except as to notices that are specifically provided for herein or in any of the other Loan Documents, the Borrower hereby waives presentment, demand, notice of nonpayment, protest, nonpayment protest notice of protest, or other notice of dishonor, and any and all other notices in connection with any default in the payment of, or any enforcement of the payment of, the LoanLoans. To the extent permitted by law, Borrower waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. Borrower further waives and releases all procedural errors, defects and imperfections in any proceedings instituted by Bank under the terms of any of the Loan Documents or with respect to any Collateral. (iv) The Borrower agrees that the Bank may release, compromise, forbear with respect to, waive, suspend, extend or renew any of the terms of the Loan Documents (and the Borrower hereby waives any notice of any of the foregoing), and that the Loan Documents may be amended, amended supplemented or modified by the Bank and the other signatory parties and that the Bank may resort to any Collateral in such order and manner as it may think fit, or accept the assignment, substitution, exchange, pledge, or release of all or any portion of any Collateral, for such consideration, or none, as it may require, without in any way affecting the validity of any liens over or other security interest in the remainder of any such Collateral (or the priority thereof or the position of any subordinate holder of any lien or other security interest with respect thereto); and any action taken by the Bank pursuant to the foregoing shall in no way be construed as a waiver or release of any right or remedy of the Bank, or of any Event of Default, or of any liability or obligation of the Borrower, under any of the Loan Documents.

Remedies Cumulative, etc. (ia) No right or remedy conferred upon or reserved to the Bank under any of the Loan Documents, or of performance of any of the Borrower’s obligations under any of the Loan Documents, or any collateral securing the payment of the Loan Mortgagee under any of the Loan Documents (collectivelyor with respect to any Collateral, the “Collateral”), or now or hereafter existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, remedy and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singlyseparately, concurrently, successively or otherwise, at the sole discretion of the BankMortgagee, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore therefor shall occur. No act of the Bank Mortgagee shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore, each such right or remedy of the Bank Mortgagee shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documents, shall not be construed as a waiver or release of the same, or of any Event of Default thereunder, or of any obligation or liability of the Borrower Mortgagor thereunder. Nothing herein, however, shall be construed to prevent the Bank from waiving any condition, obligation or default it should so elect. In the event of such election by the Bank, any waiver, in order to be effective, must be in writing and signed by the Bank, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect thereto. (iib) The recovery of any judgment by the Bank and/or Mortgagee or the levy of execution under any judgment upon the Mortgaged Property shall not affect in any manner manner, or to any extent, liens the lien of this Mortgage and Security Agreement upon the Mortgaged Property, or other any security interests interest in any other Collateral, or any rights, remedies or powers of the Bank Mortgagee under any of the Loan Documents or with respect to any Collateral, but such liens lien and such security interests, interest and such rights, remedies and powers of the Bank Mortgagee shall continue unimpaired as before. Further, the entry of any judgment by the Bank Mortgagee shall not affect in any way the interest rate payable hereunder or under any of the other Loan Documents on any amounts due to the BankMortgagee, but interest shall continue to accrue on such amounts at the Default default Rate (as hereafter hereinafter defined)) after the entry of any judgment and continuing until distribution of the proceeds of any Sheriff's sale. (iiic) Except as to notices that are specifically provided for herein or in any of the other Loan Documents, the Borrower Mortgagor hereby waives presentment, demand, notice of nonpayment, protest, notice of protest, protest or other notice of dishonor, and any and all other notices in connection with any default in the payment of, or any enforcement of the payment of, the LoanAggregate Debt. To the extent permitted by law, Borrower Xxxxxxxxx waives the right to any stay of execution and the benefit of all exemption laws now or hereafter hereinafter in effect. (ivd) The Borrower Xxxxxxxxx agrees that the Bank Mortgagee may release, compromise, forbear with respect to, waive, suspend, extend or renew any of the terms of the Loan Documents (and the Borrower Mortgagor hereby waives any notice of any of the foregoing), and that the Loan Documents may be amended, supplemented or modified by the Bank Mortgagee and the other signatory parties and that the Bank Mortgagee may resort to any Collateral in such order and manner as it may think fit, or accept the assignment, substitution, exchange, pledge, or release of all or any portion of any Collateralcollateral, for such consideration, or none, as it may require, without in any way affecting the validity of any liens over or other security interest in the remainder of any such Collateral (or the priority thereof or the position of any subordinate holder of any lien or other security interest with respect thereto); and any action taken by the Bank Mortgagee pursuant to the foregoing shall in no way be construed as a waiver or release of any right or remedy of the BankMortgagee, or of any Event of Default, or of any liability or obligation of the BorrowerMortgagor, under any of the Loan Documents. (e) To the extent permitted by law, Xxxxxxxxx shall not at any time insist upon, or plead, or in any manner whatever Claim or take any benefit or advantage of any stay or extension or moratorium law, or any exemption from execution or sale of the Mortgaged Property, wherever enacted, now or at any time hereafter in force, which may affect the covenants and terms of performance of this Mortgage and Security Agreement, nor claim, take, or insist upon any benefit or advantage of any law now or hereafter in force providing for the valuation or appraisal of the Mortgaged Property, prior to any sale of any of Mortgagor's interest therein; nor, after any such sale or sales, claim or exercise any right under any statute heretofore or hereafter enacted to redeem the Real Property so sold or any part thereof, and Mortgagor hereby expressly waives all benefit or advantage of any such law or laws, and covenants not to hinder, delay, or impede the execution of any power herein granted to Mortgagee but to suffer and permit the execution of every power as though no such law or laws had been made or enacted. Xxxxxxxxx further waives and releases all procedural errors, defects and imperfections in any proceeding instituted by Mortgagee under any of the Loan Documents. (f) Mortgagor, for itself and for all persons hereafter claiming through or under it or who may at any time hereinafter become holders of liens junior to the lien of this Mortgage and Security Agreement, hereby expressly waives and releases all rights to direct the order in which any of the Mortgaged Property shall be sold in the event of any sale or sales pursuant hereto and to have any of the Mortgaged Property and/or any other property now or hereafter constituting security for the Aggregate Debt marshalled upon any foreclosure of this Mortgage and Security Agreement or of any other security for any of the Aggregate Debt. (g) XXXXXXXXX AGREES THAT ANY ACTION OR PROCEEDING AGAINST IT TO ENFORCE THE MORTGAGE AND SECURITY AGREEMENT MAY BE COMMENCED IN STATE OR FEDERAL COURT IN PHILADELPHIA COUNTY, PENNSYLVANIA, AND MORTGAGOR WAIVES PERSONAL SERVICE OF PROCESS AND AGREES THAT A SUMMONS AND COMPLAINT COMMENCING AN ACTION OR PROCEEDING IN ANY SUCH COURT SHALL BE PROPERLY SERVED IF SERVED BY REGISTERED OR CERTIFIED MAIL IN ACCORDANCE WITH THE NOTICE PROVISIONS SET FORTH HEREIN AND MORTGAGOR EXPRESSLY WAIVES ANY AND ALL DEFENSES TO AN EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT.

Remedies Cumulative, etc. (ia) No right or remedy conferred upon or reserved to the Bank Lender under any of the Loan Documents, or of performance of with respect to any of the Borrower’s obligations under any of the Loan Documents, or any collateral securing the payment of the Loan under any of the Loan Documents (collectively, the “Collateral”), now or hereafter existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole discretion of the BankLender, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore therefor shall occur. No act of the Bank Lender shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore, each such right or remedy of the Bank Lender shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documents, shall not be construed as a waiver or release of the same, or of any Event of Default thereunder, or of any obligation or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent the Bank from waiving any condition, obligation or default it should so elect. In the event of such election by the Bank, any waiver, in order to be effective, must be in writing and signed by the Bank, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect thereto. (iib) The recovery of any judgment by the Bank Xxxxxx and/or the levy of execution under any judgment upon any Collateral shall not affect in any manner or to any extent, liens or other extent the security interests interest under the Security Agreement in any such Collateral, or any rights, remedies or powers of the Bank Lender under any of the Loan Documents or with respect to any Collateral, but such liens lien and such security interestsinterest, and such rights, remedies and powers power of the Bank Lender shall continue unimpaired as before. Further, the exercise by Lender of its rights and remedies and the entry of any judgment by the Bank Xxxxxx shall not affect in any way the interest rate payable hereunder or under any of the other Loan Documents on or any amounts due to the Bank, Lender but interest shall continue to accrue on such amounts at the Default Rate (as hereafter hereinafter defined). (iiic) Except as Unless and except to notices that are the extent notice is specifically provided for herein or in any of the other Loan Documentsherein, the Borrower hereby waives presentment, demand, notice of nonpayment, protest, notice of protest, protest or other notice of dishonor, and any and all other notices in connection with any default Event of Default in the payment of, or any enforcement of the payment of, all amounts due under the LoanLoan Documents. To the extent permitted by law, Borrower Xxxxxxxx waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. Borrower further waives and releases all procedural errors, defects and imperfections in any proceedings instituted by Xxxxxx under the terms of any Loan Document or with respect to any Collateral. (ivd) The Borrower Xxxxxxxx agrees that the Bank Lender may release, compromise, forbear with respect to, waive, suspend, extend or renew any of the terms of the Loan Documents (and the Borrower hereby waives any notice of any of the foregoing), and that the Loan Documents may be amended, supplemented or modified by the Bank Lender and the other signatory parties and that the Bank Lender may resort to any Collateral in such order and manner as it may think fit, or accept the assignment, substitution, exchange, pledge, or release of all or any portion of any Collateral, for such consideration, or none, as it may require, without in any way affecting the validity of any liens over or other security interest in the remainder of any such Collateral (or the priority thereof or the position of any subordinate holder of any lien or other security interest with respect thereto); and any action taken by the Bank Lender pursuant to the foregoing shall in no way be construed as a waiver or release of any right or remedy of the BankLender, or of any Event of Default, or of any liability or obligation of the Borrower, under any of the Loan Documents. (e) Borrower agrees that any action or proceeding against it to enforce this Note may be commenced in state or federal court or in any county in the Commonwealth of Pennsylvania in which Lender or subsequent note holder has an office, and Xxxxxxxx waives personal service of process and agrees that a summons and complaint commencing an action or proceeding in any such court shall be properly served if served by registered or certified mail in accordance with the notice provisions set forth herein and Borrower expressly waives any and all defenses to an exercise of personal jurisdiction by any such court.

Remedies Cumulative, etc. (i) No right or remedy conferred upon or reserved to the Bank under any of the Loan Documents, or of performance of any of the Borrower’s obligations under any of the Loan Documents, or any collateral securing the payment of the Loan under any of the Loan Documents (collectively, the “Collateral”), now or hereafter existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole discretion of the Bank, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore shall occur. No act of the Bank shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore, each such right or remedy of the Bank shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documents, shall not be construed as a waiver or release of the same, or of any Event of Default thereunder, or of any obligation or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent the Bank from waiving any condition, obligation or default it should so elect. In the event of such election by the Bank, any waiver, in order to be effective, must be in writing and signed by the Bank, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect thereto. (ii) The recovery of any judgment by the Bank and/or the levy of execution under any judgment shall not affect in any manner or to any extent, liens or other security interests in any Collateral, or any rights, remedies or powers of the Bank under any of the Loan Documents or with respect to any Collateral, but such liens and security interests, and such rights, remedies and powers of the Bank shall continue unimpaired as before. Further, the entry of any judgment by the Bank shall not affect in any way the interest rate payable under any of the Loan Documents on any amounts due to the Bank, but interest shall continue to accrue on such amounts at the Default Rate (as hereafter defined). (iii) Except as to notices that are specifically provided for herein or in any of the other Loan Documents, the Borrower hereby waives presentment, demand, notice of nonpayment, protest, notice of protest, or other notice of dishonor, and any and all other notices in connection with any default in the payment of, or any enforcement of the payment of, the Loan. To the extent permitted by law, Borrower Xxxxxxxx waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. (iv) The Borrower agrees that the Bank may release, compromise, forbear with respect to, waive, suspend, extend or renew any of the terms of the Loan Documents (and the Borrower hereby waives any notice of any of the foregoing), and that the Loan Documents may be amended, supplemented or modified by the Bank and the other signatory parties and that the Bank may resort to any Collateral in such order and manner as it may think fit, or accept the assignment, substitution, exchange, pledge, or release of all or any portion of any Collateral, for such consideration, or none, as it may require, without in any way affecting the validity of any liens over or other security interest in the remainder of any such Collateral (or the priority thereof or the position of any subordinate holder of any lien or other security interest with respect thereto); and any action taken by the Bank pursuant to the foregoing shall in no way be construed as a waiver or release of any right or remedy of the Bank, or of any Event of Default, or of any liability or obligation of the Borrower, under any of the Loan Documents.

Remedies Cumulative, etc. (i) a. No right or remedy conferred upon or reserved to the Bank under any of the Loan DocumentsPayee, or of performance of any of the Borrower’s obligations under any of the Loan Documents, or any collateral securing the payment of the Loan under any of the Loan Documents (collectively, the “Collateral”), now or hereafter existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole discretion of the BankPayee, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore therefor shall occur. No act of the Bank Payee shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore. Furthermore, each such right or remedy of the Bank Payee shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documents, this Note shall not be construed as a waiver or release of the same, or of any Event event of Default default thereunder, or of any obligation or liability of the Borrower Maker thereunder. Nothing herein, however, shall be construed to prevent the Bank from waiving any condition, obligation or default it should so elect. In the event of such election by the Bank, any waiver, in order to be effective, must be in writing and signed by the Bank, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect thereto. (ii) The recovery of any judgment by the Bank and/or the levy of execution under any judgment shall not affect in any manner or to any extent, liens or other security interests in any Collateral, or any rights, remedies or powers of the Bank under any of the Loan Documents or with respect to any Collateral, but such liens and security interests, and such rights, remedies and powers of the Bank shall continue unimpaired as before. Further, the entry of any judgment by the Bank shall not affect in any way the interest rate payable under any of the Loan Documents on any amounts due to the Bank, but interest shall continue to accrue on such amounts at the Default Rate (as hereafter defined). (iii) Except as to notices that are specifically provided for herein or in any of the other Loan Documents, the Borrower b. Maker hereby waives presentment, demand, demand notice of nonpayment, protest, notice of protest, protest or other notice of dishonor, and any and all other notices in connection with any default in the payment of, or any enforcement of the payment of, the Loanof all amounts due under this Note. To the extent permitted by law, Borrower Maker waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. (iv) The Borrower c. Maker and Payee each agree that any action or proceeding against Maker to enforce this Note shall be commenced in any court having jurisdiction in the County of Dallas in the State of Texas and Maker waives personal service of process and agrees that the Bank may release, compromise, forbear with respect to, waive, suspend, extend a summons and complaint commencing an action or renew any of the terms of the Loan Documents (and the Borrower hereby waives any notice of any of the foregoing), and that the Loan Documents may be amended, supplemented or modified by the Bank and the other signatory parties and that the Bank may resort to any Collateral in such order and manner as it may think fit, or accept the assignment, substitution, exchange, pledge, or release of all or any portion of any Collateral, for such consideration, or none, as it may require, without proceeding in any way affecting such court shall be properly served and shall confer personal jurisdiction if served by registered or certified mail in accordance with the validity of any liens over or other security interest in the remainder of any such Collateral (or the priority thereof or the position of any subordinate holder of any lien or other security interest with respect thereto); and any action taken by the Bank pursuant to the foregoing shall in no way be construed as a waiver or release of any right or remedy of the Bank, or of any Event of Default, or of any liability or obligation of the Borrower, under any of the Loan Documentsnotice provisions set forth herein.

Remedies Cumulative, etc. (i) No right or remedy conferred upon or reserved to the Bank Agent or Agent under any of the Loan Documents, or with respect to any guaranty of payment of the Loan or of performance of any of the Borrower’s 's obligations under any of the Loan Documents, Documents or any collateral securing the payment of the Loan under any of the Loan Documents (such guaranty and such collateral, collectively, the “"Collateral”"), now or hereafter existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole sole, non-reviewable discretion of the BankAgent, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore shall occur. No act of the Bank Agent shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore, each such right or remedy of the Bank Agent shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documents, shall not be construed as a waiver or release of the same, or of any Event of Default thereunder, or of any obligation or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent the Bank Agent from waiving any condition, obligation or default it should so elect. In the event of such election by the BankAgent, any waiver, in order to be effective, must be in writing and signed by the BankAgent, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank Agent with respect thereto. (ii) The recovery of any judgment by the Bank Agent or Xxxxxx and/or the levy of execution under any judgment shall not affect in any manner or to any extent, liens or other security interests in any Collateral, or any rights, remedies or powers of the Bank Lender under any of the Loan Documents or with respect to any Collateral, but such liens and security interests, and such rights, remedies and powers of the Bank Lender shall continue unimpaired as before. Further, the entry of any judgment by the Bank Xxxxxx shall not affect in any way the interest rate payable on any amounts due to Lender under any of the Loan Documents on any amounts due to the Bank, but interest Documents. Interest shall continue to accrue on such amounts at the Default Rate (as hereafter defined)until the unpaid balance of the Principal Sum, interest and any charges shall have been paid in full. (iii) Except as to notices that are specifically provided for herein or in any of the other Loan Documents, the Borrower hereby waives presentment, demand, notice of nonpayment, protest, notice of protest, or other notice of dishonor, and any and all other notices in connection with any default in the payment of, or any enforcement of the payment of, the Loan. To the extent permitted by law, Borrower Xxxxxxxx waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. (iv) The Borrower agrees that the Bank Lender may release, compromise, forbear with respect to, waive, suspend, extend or renew any of the terms of the Loan Documents (and the Borrower hereby waives any notice of any of the foregoing), and that the Loan Documents may be amended, supplemented or modified by the Bank Lender and the other signatory parties and that the Bank Lender may resort to any Collateral in such order and manner as it may think fit, or accept the assignment, substitution, exchange, pledge, or release of all or any portion of any Collateral, for such consideration, or none, as it may require, without in any way affecting the validity of any liens over or other security interest in the remainder of any such Collateral (or the priority thereof or the position of any subordinate holder of any lien or other security interest with respect thereto); and any action taken by the Bank Lender pursuant to the foregoing shall in no way be construed as a waiver or release of any right or remedy of the BankLender, or of any Event of Default, or of any liability or obligation of the Borrower, under any of the Loan Documents. (v) Enter the Mortgaged Property and complete construction (i) of any Remaining Construction Work (to the extent same has not been completed as determined by Agent) substantially in accordance with the Plans and Specifications or, (ii) at Agent’s option, of the new Buildings provided that Borrower has commenced any construction work on the New Buildings on the Mortgaged Property and such New Buildings construction work has not been completed, as determined by Agent (substantially in accordance with the New Buildings Plans and Specifications). In connection therewith, Agent shall employ such persons and take whatever other action which may be reasonably necessary or desirable, in the opinion of the Agent, to complete the Remaining Construction Work or the construction work on the applicable New Buildings. All sums so expended by the Agent for the Remaining Construction Work shall be advanced by the Agent from the Escrow Agreement and based on each Lender’s Ratable Share and shall be secured by the Mortgages. Any sums advanced by the Agent for construction work on the New Buildings shall be based on Xxxxxx’s Ratable Share and secured by the Mortgages. It is understood that the Agent is under no obligation to complete the Remaining Construction Work or the construction of any New Buildings.

Remedies Cumulative, etc. (ia) No right or remedy conferred upon or reserved to the Bank under any of the Loan Documents, hereunder or of performance of any of the Borrower’s obligations under any of the Loan Documents, or any collateral securing the payment of the Loan under any of the Loan Documents (collectively, the “Collateral”), now or hereafter existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole discretion of the Bank, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore therefor shall occur. No act of the Bank shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore, each such right or remedy of the Bank shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documentsthis Note, shall not be construed as a waiver or release of the same, or of any Event event of Default default thereunder, or of any obligation or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent the Bank from waiving any condition, obligation or default it should so elect. In the event of such election by the Bank, any waiver, in order to be effective, must be in writing and signed by the Bank, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect thereto. (iib) The recovery of any judgment by the Bank and/or the levy of execution under any judgment shall not affect in any manner or to any extent, liens or other security interests in any Collateral, or any rights, remedies or powers of the Bank under any of the Loan Documents or with respect to any Collateral, but such liens and security interests, and such rights, remedies and powers of the Bank shall continue unimpaired as before. Further, the entry of any judgment by the Bank shall not affect in any way the interest rate payable under any of the Loan Documents on any amounts due to the Bank, but interest shall continue to accrue on such amounts at the Default Rate (as hereafter defined). (iii) Except as to notices that are specifically provided for herein or in any of the other Loan Documents, the Borrower hereby waives presentment, demand, notice of nonpayment, protest, notice of protest, protest or other notice of dishonor, and any and all other notices in connection with any default in the payment of, or any enforcement of the payment of, the Loanall amounts due under this Note. To the extent permitted by law, Borrower waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. Borrower further waives and releases all procedural errors, defects and imperfections in any proceedings instituted by Bank under the terms of this Note. (ivc) The Borrower agrees that the Bank may release, compromise, forbear with respect to, waive, suspend, extend or renew any of the terms of the Loan Documents this Note (and the Borrower hereby waives any notice of any of the foregoing), and that the Loan Documents may be amended, supplemented or modified by the Bank and the other signatory parties and that the Bank may resort to any Collateral in such order and manner as it may think fit, or accept the assignment, substitution, exchange, pledge, pledge or release of all or any portion of any Collateral, for such consideration, or none, as it may require, without in any way affecting the validity of any liens over or other security interest in the remainder of any such Collateral (or the priority thereof or the position of any subordinate holder of any lien or other security interest with respect thereto); and any action taken by the Bank pursuant to the foregoing shall in no way be construed as a waiver or release of any right or remedy of the Bank, or of any Event event of Defaultdefault, or of any liability or obligation of the Borrower, under this Note. (d) Borrower agrees that any action or proceeding against it to enforce the Note may be commenced in state or federal court in the Commonwealth of Pennsylvania and Borrower irrevocably consents to the exclusive jurisdiction of such courts (and of the Loan Documentsappropriate appellate courts) in any such action or proceeding and irrevocably waives any objection based upon inconvenience of the forum or otherwise to venue laid therein. Notwithstanding the foregoing, nothing in this Paragraph is intended to prevent Bank from instituting an action in any jurisdiction for the sole and exclusive purpose of enforcing a judgment by a court in the jurisdictions referred to in the preceding sentence. (e) Borrower waives personal service of process and agrees that a summons and complaint commencing an action or proceeding in any such court shall be properly served if served by registered or certified mail in accordance with the notice provisions set forth herein and Borrower expressly waives any and all defenses to an exercise of personal jurisdiction by any such court. (f) Borrower hereby knowingly, voluntarily and intentionally waives the right it may have to a trial by jury in respect of any litigation based hereon, arising out of, under or in connection with this Note, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of Borrower or Bank. This provision is a material inducement for Bank entering into this Note.

Remedies Cumulative, etc. (i) No right or Each and every right, power and remedy conferred upon or reserved hereby specifically given to the Bank Secured Party shall be in addition to every other right, power and remedy specifically given under this Security Agreement or any of the Loan Documents, or of performance of any of the Borrower’s obligations under any of the Loan DocumentsObligations, or any collateral securing the payment of the Loan under any of the Loan Documents (collectively, the “Collateral”), document related thereto or now or hereafter existing at law or in equity equity, or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every right, power and remedy whether specifically herein given or otherwise existing may be exercised from time to time or simultaneously and as often and in such right or remedy order as may be deemed expedient by the Secured Party. All such rights, powers and remedies shall be cumulative and concurrent, and shall be in addition to every other such right the exercise or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole discretion beginning of the Bank, and exercise of one shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore shall occur. No act deemed a waiver of the Bank shall be deemed or construed as an election right to proceed under any one such right or remedy to the exclusion exercise of any other or others. No delay or omission of the Secured Party in the exercise of any such right or remedy; furthermoreright, each such right power or remedy of the Bank shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise no renewal or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term extension of any of the Loan DocumentsObligations shall impair any such right, power or remedy or shall not be construed as to be a waiver or release of the same, or of any Event of Default thereunder, or of an acquiescence therein. No notice to or demand on the Debtor in any obligation case shall entitle the Debtor to any other or liability further notice or demand in similar or other circumstances or constitute a waiver of the Borrower thereunder. Nothing herein, however, shall be construed rights of the Secured Party to prevent the Bank from waiving any condition, obligation other further action in any circumstances without notice or default it should so electdemand. In the event that the Secured Party shall bring any suit to enforce any of its rights hereunder and shall be entitled to judgment, then in such election by suit the BankSecured Party may recover reasonable expenses, any waiver, in order to be effective, must be in writing and signed by the Bankincluding attorneys' fees, and any such waiver the amounts thereof shall be strictly limited included in its effect such judgment. With respect to both the conditionObligations and the Collateral, obligation or default specified therein and shall not extend the Debtor assents to any subsequent condition, obligation extension or default or impair any right postponements of the Bank with respect thereto. (ii) The recovery time of payment or any judgment by the Bank and/or the levy of execution under any judgment shall not affect in any manner or other indulgence, to any extent, liens or other security interests in any Collateral, or any rights, remedies or powers of the Bank under any of the Loan Documents or with respect to any Collateral, but such liens and security interests, and such rights, remedies and powers of the Bank shall continue unimpaired as before. Further, the entry of any judgment by the Bank shall not affect in any way the interest rate payable under any of the Loan Documents on any amounts due to the Bank, but interest shall continue to accrue on such amounts at the Default Rate (as hereafter defined). (iii) Except as to notices that are specifically provided for herein or in any of the other Loan Documents, the Borrower hereby waives presentment, demand, notice of nonpayment, protest, notice of protest, or other notice of dishonor, and any and all other notices in connection with any default in the payment of, or any enforcement of the payment of, the Loan. To the extent permitted by law, Borrower waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. (iv) The Borrower agrees that the Bank may release, compromise, forbear with respect to, waive, suspend, extend or renew any of the terms of the Loan Documents (and the Borrower hereby waives any notice of any of the foregoing), and that the Loan Documents may be amended, supplemented or modified by the Bank and the other signatory parties and that the Bank may resort to any Collateral in such order and manner as it may think fit, or accept the assignment, substitution, exchange, pledge, exchange or release of all or any portion of any Collateralcollateral, for such consideration, or none, as it may require, without in any way affecting the validity of any liens over or other security interest in the remainder of any such Collateral (or the priority thereof or the position of any subordinate holder of any lien or other security interest with respect thereto); and any action taken by the Bank pursuant to the foregoing shall in no way be construed as a waiver addition or release of any right party or remedy person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof, all in such manner and at such time or times as the Secured Party may deem advisable. The Secured Party shall have no duty as to the collection of protection of the BankCollateral or any income thereon, or of any Event of Default, or of any liability or obligation of nor as to the Borrower, under any of preservation thereto beyond the Loan Documentssafe custody thereof.

Remedies Cumulative, etc. (i) No right or remedy conferred upon or reserved to the Bank under any of the Loan Documents, or with respect to any guaranty of payment of the Loan or of performance of any of the Borrower’s 's obligations under any of the Loan Documents, Documents (including the Suretyship Agreement) or any collateral securing the payment of the Loan under any of the Loan Documents (such Suretyship Agreement and such other collateral, collectively, the “"Collateral”"), now or hereafter existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole discretion of the Bank, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore shall occur. No act of the Bank shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore, each such right or remedy of the Bank shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documents, shall not be construed as a waiver or release of the same, or of any Event event of Default default thereunder, or of any obligation or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent the Bank from waiving any condition, obligation or default it should so do elect. In the event of such election by the Bank, any waiver, in order to be effective, must be in writing and signed by the Bank, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect thereto. (ii) The recovery of any judgment by the Bank and/or the levy of execution under any judgment shall not affect in any manner or to any extent, liens or other security interests in any Collateral, or any rights, remedies or powers of the Bank under any of the Loan Documents or with respect to any Collateral, but such liens and security interests, and such rights, remedies and powers of the Bank shall continue unimpaired as before. Further, the entry of any judgment by the Bank shall not affect in any way the interest rate payable under any of the Loan Documents on any amounts due to the Bank, but interest shall continue to accrue on such amounts at the Default Rate (as hereafter defined)amounts. (iii) Except as to notices that are specifically otherwise provided for herein or in any of this Agreement and the other Loan Documents, the Borrower hereby waives presentment, demand, notice of nonpayment, protest, notice of protest, or other notice of dishonor, and any and all other notices in connection with any default in the payment of, or any enforcement of the payment of, the Loan. To The Borrower further waives and releases all procedural errors, defects and imperfections in any proceedings instituted by the extent permitted by law, Borrower waives Bank under the right terms of any of the Loan Documents or with respect to any stay of execution and the benefit of all exemption laws now or hereafter in effectCollateral. (iv) The Borrower agrees that the Bank may release, compromise, forbear with respect to, waive, suspend, extend or renew any of the terms of the Loan Documents (and the Borrower hereby waives any notice of any of the foregoing), and that the Loan Documents may be amended, supplemented or modified by the Bank and the other signatory parties and that the Bank may resort to any Collateral in such order and manner as it may think fit, or accept the assignment, substitution, exchange, pledge, or release of all or any portion of any Collateral, for such consideration, or none, as it may require, without in any way affecting the validity of any liens over or other security interest in the remainder of any such Collateral (or the priority thereof or the position of any subordinate holder of any lien or other security interest with respect thereto); and any action taken by the Bank pursuant to the foregoing shall in no way be construed as a waiver or release of any right or remedy of the Bank, or of any Event event of Defaultdefault, or of any liability or obligation of the Borrower, under any of the Loan Documents.

Remedies Cumulative, etc. (i) No right or remedy conferred upon or reserved to the Bank Lender or Lender under any of the Loan Documents, or with respect to any guaranty of payment of the Loan or of performance of any of the Borrower’s 's obligations under any of the Loan Documents, Documents or any collateral securing the payment of the Loan under any of the Loan Documents (such guaranty and such collateral, collectively, the “"Collateral”"), now or hereafter existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole sole, non-reviewable discretion of the BankLender, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore shall occur. No act of the Bank Lender shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore, each such right or remedy of the Bank Lender shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documents, shall not be construed as a waiver or release of the same, or of any Event of Default thereunder, or of any obligation or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent the Bank Lender from waiving any condition, obligation or default it should so elect. In the event of such election by the BankXxxxxx, any waiver, in order to be effective, must be in writing and signed by the BankLender, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank Lender with respect thereto. (ii) The recovery of any judgment by the Bank Xxxxxx or Lender and/or the levy of execution under any judgment shall not affect in any manner or to any extent, liens or other security interests in any Collateral, or any rights, remedies or powers of the Bank Lender under any of the Loan Documents or with respect to any Collateral, but such liens and security interests, and such rights, remedies and powers of the Bank Lender shall continue unimpaired as before. Further, the entry of any judgment by the Bank Xxxxxx shall not affect in any way the interest rate payable on any amounts due to Lender under any of the Loan Documents on any amounts due to the Bank, but interest Documents. Interest shall continue to accrue on such amounts at 95606281 Active\1606212456.7 the Default Rate (as hereafter defined)until the unpaid balance of the Principal Sum, interest and any charges shall have been paid in full. (iii) Except as to notices that are specifically provided for herein or in any of the other Loan Documents, the Borrower hereby waives presentment, demand, notice of nonpayment, protest, notice of protest, or other notice of dishonor, and any and all other notices in connection with any default in the payment of, or any enforcement of the payment of, the Loan. To the extent permitted by law, Borrower Xxxxxxxx waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. (iv) The Borrower agrees that the Bank Lender may release, compromise, forbear with respect to, waive, suspend, extend or renew any of the terms of the Loan Documents (and the Borrower hereby waives any notice of any of the foregoing), and that the Loan Documents may be amended, supplemented or modified by the Bank Lender and the other signatory parties and that the Bank Lender may resort to any Collateral in such order and manner as it may think fit, or accept the assignment, substitution, exchange, pledge, or release of all or any portion of any Collateral, for such consideration, or none, as it may require, without in any way affecting the validity of any liens over or other security interest in the remainder of any such Collateral (or the priority thereof or the position of any subordinate holder of any lien or other security interest with respect thereto); and any action taken by the Bank Lender pursuant to the foregoing shall in no way be construed as a waiver or release of any right or remedy of the BankLender, or of any Event of Default, or of any liability or obligation of the Borrower, under any of the Loan Documents.

Remedies Cumulative, etc. (ia) No right or remedy conferred upon or reserved to the Bank under any of the Loan DocumentsPayee, or of performance of any of the Borrower’s obligations under any of the Loan Documents, or any collateral securing the payment of the Loan under any of the Loan Documents (collectively, the “Collateral”), now or hereafter existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole discretion of the BankPayee, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore therefor shall occur. No act of the Bank Payee shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore. Furthermore, each such right or remedy of the Bank Payee shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documents, this Note shall not be construed as a waiver or release of the same, or of any Event event of Default default thereunder, or of any obligation or liability of the Borrower Maker thereunder. Nothing herein, however, shall be construed to prevent the Bank from waiving any condition, obligation or default it should so elect. In the event of such election by the Bank, any waiver, in order to be effective, must be in writing and signed by the Bank, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect thereto. (iib) The recovery of any judgment by the Bank and/or the levy of execution under any judgment shall not affect in any manner or to any extent, liens or other security interests in any Collateral, or any rights, remedies or powers of the Bank under any of the Loan Documents or with respect to any Collateral, but such liens and security interests, and such rights, remedies and powers of the Bank shall continue unimpaired as before. Further, the entry of any judgment by the Bank shall not affect in any way the interest rate payable under any of the Loan Documents on any amounts due to the Bank, but interest shall continue to accrue on such amounts at the Default Rate (as hereafter defined). (iii) Except as to notices that are specifically provided for herein or in any of the other Loan Documents, the Borrower Maker hereby waives presentment, demand, demand notice of nonpayment, protest, notice of protest, protest or other notice of dishonor, and any and all other notices in connection with any default in the payment of, or any enforcement of the payment of, the Loanof all amounts due under this Note. To the extent permitted by law, Borrower Maker waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. (ivc) The Borrower Maker and Payee each agree that any action or proceeding against Maker to enforce this Note shall be commenced in any court having jurisdiction in the County of Dallas in the State of Texas and Maker waives personal service of process and agrees that the Bank may release, compromise, forbear with respect to, waive, suspend, extend a summons and complaint commencing an action or renew any of the terms of the Loan Documents (and the Borrower hereby waives any notice of any of the foregoing), and that the Loan Documents may be amended, supplemented or modified by the Bank and the other signatory parties and that the Bank may resort to any Collateral in such order and manner as it may think fit, or accept the assignment, substitution, exchange, pledge, or release of all or any portion of any Collateral, for such consideration, or none, as it may require, without proceeding in any way affecting such court shall be properly served and shall confer personal jurisdiction if served by registered or certified mail in accordance with the validity of any liens over or other security interest in the remainder of any such Collateral (or the priority thereof or the position of any subordinate holder of any lien or other security interest with respect thereto); and any action taken by the Bank pursuant to the foregoing shall in no way be construed as a waiver or release of any right or remedy of the Bank, or of any Event of Default, or of any liability or obligation of the Borrower, under any of the Loan Documentsnotice provisions set forth herein.

Remedies Cumulative, etc. (i) No right or remedy conferred upon or reserved to the Bank Agent or Agent under any of the Loan Documents, or with respect to any guaranty of payment of the Loan or of performance of any of the Borrower’s 's obligations under any of the Loan Documents, Documents or any collateral securing the payment of the Loan under any of the Loan Documents (such guaranty and such collateral, collectively, the “"Collateral”"), now or hereafter existing at law or in equity or by statute or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole sole, non-reviewable discretion of the BankAgent, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore shall occur. No act of the Bank Agent shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore, each such right or remedy of the Bank Agent shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documents, shall not be construed as a waiver or release of the same, or of any Event of Default thereunder, or of any obligation or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent the Bank Agent from waiving any condition, obligation or default it should so elect. In the event of such election by the BankAgent, any waiver, in order to be effective, must be in writing and signed by the BankAgent, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank Agent with respect thereto. (ii) The recovery of any judgment by the Bank Agent or Lxxxxx and/or the levy of execution under any judgment shall not affect in any manner or to any extent, liens or other security interests in any Collateral, or any rights, remedies or powers of the Bank Lender under any of the Loan Documents or with respect to any Collateral, but such liens and security interests, and such rights, remedies and powers of the Bank Lender shall continue unimpaired as before. Further, the entry of any judgment by the Bank Lxxxxx shall not affect in any way the interest rate payable on any amounts due to Lender under any of the Loan Documents on any amounts due to the Bank, but interest Documents. Interest shall continue to accrue on such amounts at the Default Rate (as hereafter defined).until the unpaid balance of the Principal Sum, interest and any charges shall have been paid in full. DOCPROPERTY "CUS_DocIDChunk0" 9289539 v8 (iii) Except as to notices that are specifically provided for herein or in any of the other Loan Documents, the Borrower hereby waives presentment, demand, notice of nonpayment, protest, notice of protest, or other notice of dishonor, and any and all other notices in connection with any default in the payment of, or any enforcement of the payment of, the Loan. To the extent permitted by law, Borrower Bxxxxxxx waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. (iv) The Borrower agrees that the Bank Lender may release, compromise, forbear with respect to, waive, suspend, extend or renew any of the terms of the Loan Documents (and the Borrower hereby waives any notice of any of the foregoing), and that the Loan Documents may be amended, supplemented or modified by the Bank Lender and the other signatory parties and that the Bank Lender may resort to any Collateral in such order and manner as it may think fit, or accept the assignment, substitution, exchange, pledge, or release of all or any portion of any Collateral, for such consideration, or none, as it may require, without in any way affecting the validity of any liens over or other security interest in the remainder of any such Collateral (or the priority thereof or the position of any subordinate holder of any lien or other security interest with respect thereto); and any action taken by the Bank Lender pursuant to the foregoing shall in no way be construed as a waiver or release of any right or remedy of the BankLender, or of any Event of Default, or of any liability or obligation of the Borrower, under any of the Loan Documents. (v) Enter the Mortgaged Property and complete construction (i) of any Remaining Construction Work (to the extent same has not been completed as determined by Agent) substantially in accordance with the Plans and Specifications or, (ii) at Agent’s option, of the new Buildings provided that Borrower has commenced any construction work on the New Buildings on the Mortgaged Property and such New Buildings construction work has not been completed, as determined by Agent (substantially in accordance with the New Buildings Plans and Specifications). In connection therewith, Agent shall employ such persons and take whatever other action which may be reasonably necessary or desirable, in the opinion of the Agent, to complete the Remaining Construction Work or the construction work on the applicable New Buildings. All sums so expended by the Agent for the Remaining Construction Work shall be advanced by the Agent from the Escrow Agreement and based on each Lender’s Ratable Share and shall be secured by the Mortgages. Any sums advanced by the Agent for construction work on the New Buildings shall be based on Lxxxxx’s Ratable Share and secured by the Mortgages. It is understood that the Agent is under no obligation to complete the Remaining Construction Work or the construction of any New Buildings.

Remedies Cumulative, etc. (ia) No right or remedy conferred upon or reserved to the Bank Lender under any of the Loan Documents, or of performance of with respect to any of the Borrower’s obligations under any of the Loan DocumentsCollateral, or any collateral securing the payment of the Loan under any of the Loan Documents (collectively, the “Collateral”), now or hereafter existing at law or in equity or equity, by statute statute, or other legislative enactment, is intended to be or shall be deemed exclusive of any other such right or remedy, and each and every such right or remedy shall be cumulative and concurrent, and shall be in addition to every other such right or remedy, and may be pursued singly, concurrently, successively or otherwise, at the sole discretion of the BankLender, and shall not be exhausted by any one exercise thereof but may be exercised as often as occasion therefore therefor shall occur. No act of the Bank Lender shall be deemed or construed as an election to proceed under any one such right or remedy to the exclusion of any other such right or remedy; furthermore, furthermore each such right or remedy of the Bank Lender shall be separate, distinct distinct, and cumulative and none shall be given effect to the exclusion of any other. The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict performance of any term of any of the Loan Documents, shall not be construed as a waiver or release of the same, or of any Event of Default thereunder, or of any obligation or liability of the Borrower thereunder. Nothing herein, however, shall be construed to prevent the Bank from waiving any condition, obligation or default it should so elect. In the event of such election by the Bank, any waiver, in order to be effective, must be in writing and signed by the Bank, and any such waiver shall be strictly limited in its effect to the condition, obligation or default specified therein and shall not extend to any subsequent condition, obligation or default or impair any right of the Bank with respect thereto. (iib) The recovery of any judgment by the Bank Lender and/or the levy of execution under any judgment upon any Collateral shall not affect in any manner or to any extent, liens or other extent the lien of any security interests interest in any such Collateral, or any rights, remedies remedies, or powers of the Bank Lender under any of the Loan Documents or with respect to any Collateral, but such liens and such security interestsinterest, and such rights, remedies and powers power of the Bank Lender shall continue unimpaired as before. Further, the exercise by the Lender of its rights and remedies and the entry of any judgment by the Bank Lender shall not affect in any way the interest rate payable hereunder or under any of the other Loan Documents on any amounts due to the Bank, Lender but interest shall continue to accrue on such amounts at the Default Rate Rate, provided for in Paragraph (as hereafter defined11), below. (iiic) Except as to notices that are specifically provided for herein or in any of the other Loan Documents, the Borrower hereby waives presentment, demand, notice of nonpayment, protest, notice of protest, protest or other notice of dishonor, and any and all other notices in connection with any default in the payment of, or any enforcement of the payment of, all amounts due under the LoanLoan Documents. To the extent permitted by law, the Borrower waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. (ivd) The Borrower agrees that the Bank Lender may release, compromise, forbear with respect to, waive, suspend, extend or renew any of the terms of the Loan Documents (and the Borrower hereby waives any notice of any of the foregoing), and that the Loan Documents may be amended, supplemented or modified by the Bank Lender and the other signatory parties and that the Bank Lender may resort to any Collateral in such order and manner as it may think fit, or accept the assignment, substitution, exchange, pledge, or release of all or any portion of any Collateral, for such consideration, or none, as it may require, without in any way affecting the validity of any liens over or other security interest in the remainder of any such Collateral (or the priority thereof or the position of any subordinate holder of any lien or other security interest with respect thereto); and any action taken by the Bank Lender pursuant to the foregoing shall in no way be construed as a waiver or release of any right or remedy of the BankLender, or of any Event of Default, or of any liability or obligation of the Borrower, under any of the Loan Documents. (e) The Borrower agrees that any action or proceeding against it to enforce this Note may be commenced only in state court in the State of Connecticut and the Borrower hereby waives any objections which the Borrower may have now or hereafter have based on venue and/or forum non-convenes of any such suit, action, or proceeding, and the Borrower hereby irrevocably submits to the jurisdiction of any such court in any suit, action, or proceeding.