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5 <br />agrees that any controversy arising under or in relation to the Note or any other Loan Document <br />shall be litigated exclusively in the Property Jurisdiction. The state and federal courts and <br />authorities with jurisdiction in the Property Jurisdiction shall have exclusive jurisdiction over all <br />controversies which shall arise under or in relation to the Note and any other Loan Document. <br />Borrowerirrevocably consents to service, jurisdiction, and venue of such courts for any such <br />litigation and waives any other venue to which it might be entitled by virtue of domicile, habitual <br />residence or otherwise. <br />9.5 PARTIES IN INTEREST. This Note shall bind Borrowerand its successors and <br />assigns and shall accrue to the benefit of Lenderand its successors and assigns. <br />9.6 SECTION HEADINGS, CONSTRUCTION. The headings of Sections in this <br />Note are provided for convenience only and will not affect its construction or interpretation. <br />9.7 RELATIONSHIP OF THE PARTIES.The relationship of Borrowerand Lender <br />under this Note is solely that of borrower and lender, and the loan evidenced by this Note and <br />secured by the Deed of Trust will in no manner make Lenderthe partner or joint venturer of <br />Borrower. <br />9.8 TIME IS OF THE ESSENCE. Time is of the essence with respect to every <br />provision of this Note. <br />9.9 JOINT AND SEVERAL OBLIGATION. If Borrower consists of two or more <br />individuals, the obligations of such individuals hereunder shall be joint and several. <br />SIGNATURES ON FOLLOWING PAGE.