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<br />16. Consent to Jurisdiction. Borrower and Lender each hereby consent to the jurisdiction <br />of any state or federal court located within the Governing State in any suit, action or proceeding based <br />hereon or arising out of, under or in connection with this Assignment or any of the other Loan Documents <br />(and further agree not to assert or claim that such venue is inconvenient or otherwise inappropriate or <br />unsuitable), and waive personal service of any and all process upon them and consent that all service of <br />process be made by certified mail to the applicable address set forth herein. <br /> <br />17. Waiver of JUry Trial <br />. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BORROWER AND LENDER EACH <br />HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT THEY MAY <br />HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY CONTROVERSY OR CLAIM, WHETHER <br />ARISING IN TORT OR CONTRACT OR BY STATUTE OR LAW, BASED HEREON, OR ARISING OUT <br />OF, UNDER OR IN CONJUNCTION WITH THIS SECURITY INSTRUMENT (INCLUDING, WITHOUT <br />LIMITATION, THE VALIDITY, INTERPRETATION, COLLECTION OR ENFORCEMENT HEREOF) OR <br />ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR <br />WRITTEN) OR ACTIONS OF ANY PARTY IN CONNECTION HEREWITH. EACH PARTY <br />ACKNOWLEDGES AND AGREES THAT NO REPRESENTATIONS OF FACT OR OPINION HAVE <br />BEEN MADE BY ANY PERSON TO INDUCE THIS WAIVER OF TRIAL BY JURY OR TO IN ANY WAY <br />MODIFY OR NULLIFY ITS EFFECT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR <br />BORROWER'S AND LENDER'S ENTERING INTO THE LOAN DOCUMENTS AND THE PARTIES <br />WOULD NOT HAVE ENTERED INTO THE LOAN DOCUMENTS WITHOUT THIS WAIVER. LENDER <br />AND BORROWER ARE EACH HEREBY AUTHORIZED TO FILE A COPY OF THIS SECTION 17 IN <br />ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER OF JURY TRIAL. <br /> <br />18. Counterparts. This Assignment and any amendment hereof may be executed in several <br />counterparts and by each party on a separate counterpart, each of which when so executed and <br />delivered shall be an original, but all of which together shall constitute one instrument. In proving this <br />Assignment it shall not be necessary to produce or account for more than one such counterpart signed by <br />the party against whom enforcement is sought. <br /> <br />[SIGNATURES BEGIN ON NEXT PAGE] <br /> <br />780574.01/0C <br />N6003-044/6-8-06/sijlsij <br /> <br />-5- <br />