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11.4 Class Action Waiver <br />BORROWER AND LENDER HEREBY WAIVE THE RIGHT TO LITIGATE IN <br />COURT ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER <br />OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY <br />GENERAL. <br />11.5 Waiver of Jury Trial <br />BORROWER AND LENDER EACH HEREBY WAIVES ANY RIGHT TO TRIAL <br />BY JURY OF ANY CLAIM ARISING OUT OF THIS AGREEMENT OR ANY OTHER <br />LOAN DOCUMENT, WHE1HER NOW OR HEREAFTER ARISING AND WHETHER <br />SOUNDING IN CONTRACT, TORT OR OTHERWISE, AND HEREBY CONSENTS <br />AND AGREES THAT ANY SUCH CLAIM MAY, AT LENDER'S ELECTION, BE <br />DECIDED BY TRIAL WITHOUT A JURY AND THAT LENDER MAY FILE AN <br />ORIGINAL COUNTERPART OR COPY OF THIS SECTION WITH ANY COURT AS <br />WRITTEN EVIDENCE OF THE WAIVER AND AGREEMENT CONTAINED HEREIN. <br />11.6 Incorporation of Schedules Etc. <br />All documents attached hereto, including any appendices, schedules, riders, and <br />exhibits to this Agreement, are hereby expressly incorporated by reference. <br />11.7 Counterparts <br />This Assignment may be executed in any number of counterparts, each of which shall <br />be considered an original for all purposes; provided, however, that all such counterparts shall <br />constitute one and the same instrument. <br />[SIGNATURE PAGE FOLLOWS] <br />ASSIGNMENT OF RIGHTS UNDER TIF AGREEMENT <br />110191-0084/140727390.1 <br />7/30/18 <br />PAGE 6 <br />