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77060900v2 <br /> <br /> <br /> A-8 <br /> <br />Documents, and to otherwise service the Borrower Loan and (b) unless Borrower receives written notice <br />from Funding Lender to the contrary, any action or right which shall or may be taken or exercised by <br />Funding Lender may be taken or exercised by such controlling person with the same force and effect. <br />17. Waiver of Trial by Jury. TO THE MAXIMUM EXTENT PERMITTED UNDER <br />APPLICABLE LAW, EACH OF BORROWER AND FUNDING LENDER (A) COVENANTS AND <br />AGREES NOT TO ELECT A TRIAL BY JURY WITH RESPECT TO ANY ISSUE ARISING OUT OF <br />THIS NOTE OR THE RELATIONSHIP BETWEEN THE PARTIES THAT IS TRIABLE OF RIGHT BY <br />A JURY AND (B) WAIVES ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO SUCH ISSUE TO <br />THE EXTENT THAT ANY SUCH RIGHT EXISTS NOW OR IN THE FUTURE. THIS WAIVER OF <br />RIGHT TO TRIAL BY JURY IS SEPARATELY GIVEN BY EACH PARTY KNOWINGLY AND <br />VOLUNTARILY WITH THE BENEFIT OF COMPETENT LEGAL COUNSEL. <br />18. Time of the Essence. Time is of the essence with respect to this Note. <br />