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unliquidated, fixed, or contingent, and regardless of whether the same may, prior to their acquisition
<br />by Mortgagee, he or have been payable to some other person or entity, it being the intention and
<br />contemplation of Grantor, JQH-San Marcus and Mortgagee that future advances may be made to
<br />Grantor and/or JQH-San Marcos for a variety of purposes, and that Mortgagee tnay from time to time
<br />acquire from others obligations of Grantor and/or JQH-San Marcos to such others, and that payment
<br />and repayment of all of the foregoing are intended to and shall be part of the Obligation secured
<br />hereby; and
<br />(e) any and all renewals, extensions or rearrangements of all or any part of the loans,
<br />advances, indebtedness, liabilities and obligations described or referred to in clauses (a), (b), (c), and
<br />(d} preceding and all notes executed in replacement thereof, together with interest accruing thereon
<br />and all court costs, attorneys' fees and other costs incurred in the enforcement or collection of all or
<br />any part thereof."
<br />All other terms of the Loan Documents remain unchanged.
<br />3. Ratification; Controllins A~zeement• Applicable Law. T'he Modified Note and all Loan Documents, and
<br />other documents, assignments, transfers, liens and security rights pertaining to it are hereby ratified and confirmed as valid,
<br />subsisting and continuing in full force and effect as modified hereby. Borrower promises to pay the Modified Note to the order
<br />of Lender in.accordance with its teens. This Agreement does not waive any default or any right of Lender including but not
<br />limited to any rights Lender may have against any person not a party hereto.
<br />4. No Usury. It is expressly stipulated and agreed to be the intent of Borrower, Additional Obligor and Lender
<br />at ail times to comply with applicable state law or applicable United States federal law (to the extent that it permits Lender to
<br />contract for, charge, take, reserve, or receive a greater amount of interest than under state law) and that this Section shall control
<br />every other covenant and agreement in the this Agreement and the other Loan Documents. [f applicable state or federal law
<br />should at any time be judicially interpreted so as to render usurious any amount called for under the Modified Note or under
<br />any of the other Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the Loan, or if
<br />Lender's exercise of the option to accelerate the maturity date of the Modified Note, or if any prepayment by Borrower and/or
<br />Additional Obligor results in Borrower and/or Additional Obligor having paid any interest in excess of that permitted by
<br />applicable law, then it is Lender's express intent that all excess amounts theretofore collected by Lender shall be credited on the
<br />principal balance of the Modified Note and all other indebtedness and the provisions of the Modified Note and the other Loan
<br />Documents shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced,
<br />without the necessity of the execution of any new documents, so as to comply with the applicable law, but so as to permit the
<br />recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid or agreed to be paid to Lender for
<br />the use, forbearance, or detention of the Loan shall, to the extent permitted by applicable law, be amortized, prorated, allocated,
<br />and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of
<br />the Loan does not exceed the maximum lawful rate from time to time in effect and applicable to the Loan for so long as the
<br />Loan is outstanding.
<br />5. Consent of Guarantor(s)/Grantor(s). Each parry who is a guarantor, or a grantor of collateral, with respect to
<br />the i..oan hereby agrees that such party's guaranty andlor collateral agreement(s) is/are and shall continue in full force and effect
<br />for the benefit of Lender undiminished and unimpaired in any way by this Agreement.
<br />6. Dispute Resolution.
<br />(a) Arbitration. Except to the extent expressly provided below, any controversy, claim or dispute between or
<br />among the parties hereto, including any such controversy, claim or dispute arising out of or relating to (i} this Agreement,
<br />(ii} any other Loan Document, (iii) any related agreements or instruments, or (iv} any transaction contemplated herein or therein
<br />(including any claim based on or arising from an alleged personal injury or business tort) (collectively, a "Di_ spute") shall, upon
<br />the request of either party, be determined by binding arbitration in accordance with the Federal Arbitration Act, Title 9, United
<br />States Code (or if not applicable, the applicable state law), the then-current rules for arbitration of fmancial services disputes of
<br />the American Arbitration Association, or any successor thereof ("AAA") and the "Special Rules" set forth below. In the event
<br />of any inconsistency, the Special Rules shall control. The filing of a court action is not intended to constitute a waiver of the
<br />right of Borrower or Lender, including the suing party, thereafter to require submittal of the Dispute to arbitration. Any party to
<br />this Agreement may bring an action, including a summary or expedited proceeding, to compel arbitration of any Dispute in any
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<br />9?SSlA.2
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