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Attn: survive the execution and delivery hereof 6.7. Waiver of Jury Trial. DEBTOR AND CREDITOR,SO AS TO
<br /> and thereof,shall survive Closing and shall 6.7.A. No Jury Trial SERVE AS CONCLUSIVE EVIDENCE
<br /> 6.2.11. Notices and Demands to Debtor continue in full force and effect until all DEBTOR HEREBY' (I)COVENANTS OF SUCH WAIVER OF RiGHT TO
<br /> for Payment. Obligations have been paid in full. AND AGREES NOT TO ELECT A TRIAL BY JURY
<br /> Notwithstanding anything to the contrary, 6A.B. Successors and Assigns TRIAL BY JURY OF ANY ISSUE 6.7.E. Independent Legal Counsel.
<br /> all notices and demands for payment from Whenever in this Agreement any of the TRIABLE OF RIGHT BY A JURY,AND DEBTOR REPRESENTS AND
<br /> Creditor actually received in writing by parties hereto is referred to,such reference (2)WAIVES TRIAL BY JURY IN ANY WARRANTS THAT IT HAS BEEN
<br /> Debtor shall be considered to be effective shall be deemed to include the successors ACTION OR PROCEEDING TO REPRESENTED IN THE SIGNING OF
<br /> upon receipt thereof by Debtor regardless and assigns of such party. WHICH CREDITOR AND DEBTOR THIS AGREEMENT AND IN THE
<br /> of the procedure or method utilized to 6A.C. Notice of Creditor Assignment. MAYBE PARTIES,ARISING OUT OF, MAKING OF THIS WAIVER BY
<br /> accomplish such delivery thereof to IN CONNECTION WITH OR iN ANY INDEPENDENT LEGAL COUNSEL,
<br /> In the event that Creditor assigns the Note,
<br /> Debtor g WAY PERTAINING TO THIS SELECTED OF ITS OWN FREE WILL,
<br /> this Agreement and/or its security interest AGREEMENT, ANY OF THE LOAN AND/OR THAT IT HAS HAU THE
<br /> 6.3. Applicable Law and Consent[o in the Collateral, Creditor shall give
<br /> Jurisdiction DOCUMENTS AND/OR ANY OPPORTUNITY TO DISCUSS THIS
<br /> written notice to Debtor of any such TRANSACTIONS, OCCURRENCES, WAIVER WITH COUNSEL
<br /> 6.3.A. Colorado Law assignment COMMUNICATIONS, OR
<br /> 6.8. Counterparts
<br /> The performance and construction of this 6A.D. inure to the Benefit of UNDERSTANDINGS (OR THE LACK
<br /> Agreement and the Loan Documents shall Successors and Assigns OF ANN' OF THE FOREGOING) This Agreement may be executed in any
<br /> be governed b the internal laws of the RELATING IN ANY WAY TO number of counterparts and by different
<br /> g y All covenants, agreements,
<br /> State ofColorado representations and warranties by or on DEBTOR-CREDITOR RELATIONSHIP parties hereto on separate counterparts,each
<br /> BETWEEN THE PARTIES, of which, when so executed and delivered,
<br /> 6.3.B. Colorado Venue. behalf of Debtor which are contained inshall be an original,but all such counterparts
<br /> Debtor agrees that any suit, action or this Agreement and the Loan Documents 6.7.B. Waiver for All Claims. shall together constitute one and the same
<br /> proceeding instituted against Debtor with shall inure to the benefit of Creditor,its IT IS UNDERSTOOD AND AGREED instrument.
<br /> respect to any of the Obligations, the successors and assigns. THAT THIS WAIVER CONSTITUTES
<br /> 6.9. Headings
<br /> Collateral,this Agreement,or any of the 6.5. Severabihty A WAIVER OF TRiAL BY JURY OF
<br /> Loan Documents may be brought in anALL CLAIMS AGAINST ALL PARTIES The headings and sub-headings contained in
<br /> y g y If any term,provision or nt orancondition,or any part the titling of this Agreement are intended to
<br /> court of competent Jurisdiction located m thereof,of this Agreement or any of the Loan TO SUCH ACTIONS OR
<br /> the State of Colorado PROCEEDINGS,INCLUDING CLAIMS be used for convenience only and shall not be
<br /> Documents shall for any reason be found or used or deemed to limit or diminish any ofthe
<br /> 6.3.C. Waiver held invalid or unenforceable by any court or AGAINST PARTIES WHO ARE NOT
<br /> governmental agency of competent PARTIES TO THIS SECURITY provisions hereof
<br /> By its execution hereof, Debtor hereby AGREEMENT 6.10. Recitals.
<br /> irrevocably waives any objection and any jurisdiction, such invalidity or
<br /> right of immunity on the ground of venue, unenforceability shall not affect the remainder 6.7.C. Waiver Separately Given The Recitals hereto are hereby incorporated
<br /> the convenience of the forum or the of such term,provision or condition nor any THIS WAIVER OF JURY TRIAL 1S into and made a part of this Agreement
<br /> Jurisdiction of such courts or from the other term, provision or condition,and this SEPARATELY GIVEN,KNOWINGLY,
<br /> execution of judgments resulting Agreement and the Loan Documents shall WILLINGLY, AND VOLUNTARILY iN WITNESS WHEREOF, the Parties have
<br /> therefrom. survive and be construed as if such invalid or MADE BY DEBTOR AND DEBTOR
<br /> unenforceable term, provision or condition executed or have caused the execution of this
<br /> 6.3.D. Acceptance and Submission had not been contained therein HEREBY AGREES THAT NO Agreement to signify their acceptance of all the
<br /> REPRESENTATIONS OF FACT OR terms and conditions stated above, to be
<br /> Debtor hereby irrevocably accepts and 6.6. Merger and integration OPINION HAVE BEEN MADE BY effective as of the date first above written.
<br /> submits to the jurisdiction of the aforesaid ANN'INDIVIDUAL TO INDUCE THiS
<br /> courts in any such suit, action, or This Agreement and the attached Schedules
<br /> proceeding. and Exhibits (if any) contain the entire WAIVER OF TRIAL BY JURY OR TO
<br /> agreement ofthe parties hereto with respect to IN ANY WAY MODIFY OR NULLIFY DEBTOR:
<br /> 6.4. Survival:Successors and Assigns. the matters covered and the transactions ITS EFFECT
<br /> 6A.A. Survives Until Obligations contemplated hereby,and no other agreement, 6.7.D. Conclusive Evidence Colorado Silver Mines,LLC
<br /> Paid statement or promise made by any party CREDITOR IS HEREBY AUTHORIZED
<br /> All covenants, agreements, hereto,or by any employee,officer,agent or
<br /> g "1'O SUBMIT THIS AGREEMENT TO
<br /> representations and warranties made attorney of any party hereto, which is not By:
<br /> ANY COURT HAVING JURISDICTION
<br /> herein and in the Loan Documents shall contained herein shall be valid or binding. OVER THE SUBJECT MATTER AND Name.
<br /> Exhibit 1 Exhibit 1
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