14.10
NOTICES.
UNLESS OTHERWISE PROVIDED HEREIN OR IN THE INDENTURE,
ANY NOTICE OR OTHER COMMUNICATION HEREIN REQUIRED OR PERMITTED TO BE GIVEN SHALL
BE GIVEN IN THE MANNER AND BECOME EFFECTIVE AS SET FORTH IN THE INDENTURE, IF TO
THE MORTGAGOR, ADDRESSED TO IT AT THE ADDRESS OF THE ISSUER SET FORTH IN THE
INDENTURE, AND AS TO THE MORTGAGEE, ADDRESSED TO IT AT ITS ADDRESS SET FORTH IN
THE INDENTURE, OR IN EACH CASE AT SUCH OTHER ADDRESS AS SHALL BE DESIGNATED BY
SUCH PARTY IN A WRITTEN NOTICE TO THE OTHER PARTY COMPLYING AS TO DELIVERY WITH
THE TERMS OF THIS SECTION 14.10.
SECTION 14.11
GOVERNING LAW; SERVICE OF PROCESS; WAIVER OF JURY TRIAL.
THIS
MORTGAGE SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE
WITH, THE LAWS OF THE STATE IN WHICH THE PREMISES ARE LOCATED, WITHOUT REGARD TO
PRINCIPLES OF CONFLICTS OF LAWS, EXCEPT TO THE EXTENT THAT THE VALIDITY OR
PERFECTION OF THE SECURITY INTEREST HEREUNDER, OR REMEDIES HEREUNDER, IN RESPECT
OF ANY PARTICULAR ITEM OR TYPE OF MORTGAGED PROPERTY ARE GOVERNED BY THE LAWS OF
A JURISDICTION OTHER THAN SUCH STATE.
MORTGAGOR AGREES THAT SERVICE OF PROCESS
IN ANY PROCEEDING MAY BE EFFECTED BY MAILING A COPY THEREOF BY REGISTERED OR
CERTIFIED MAIL (OR ANY SUBSTANTIALLY SIMILAR FORM OF MAIL), POSTAGE PREPAID, TO
THE ISSUER AT ITS ADDRESS SET FORTH IN THE INDENTURE OR AT SUCH OTHER ADDRESS OF
WHICH THE MORTGAGEE SHALL HAVE BEEN NOTIFIED PURSUANT THERETO.
IF ANY AGENT
APPOINTED BY MORTGAGOR REFUSES TO ACCEPT SERVICE, MORTGAGOR HEREBY AGREES THAT
SERVICE UPON IT BY MAIL SHALL CONSTITUTE SUFFICIENT NOTICE.
NOTHING HEREIN
SHALL AFFECT THE RIGHT TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR
SHALL LIMIT THE RIGHT OF MORTGAGEE TO BRING PROCEEDINGS AGAINST MORTGAGOR IN THE
COURTS OF ANY OTHER JURISDICTION.
THE MORTGAGOR HEREBY IRREVOCABLY WAIVES ALL
RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT
OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
SECTION 14.12
SEVERABILITY OF PROVISIONS.
ANY PROVISION HEREOF WHICH IS
PROHIBITED OR UNENFORCEABLE IN ANY JURISDICTION SHALL, AS TO SUCH JURISDICTION,
BE INEFFECTIVE TO THE EXTENT OF SUCH PROHIBITION OR UNENFORCEABILITY WITHOUT
INVALIDATING THE REMAINING PROVISIONS HEREOF OR AFFECTING THE VALIDITY OR
ENFORCEABILITY OF SUCH PROVISION IN ANY OTHER JURISDICTION.
SECTION 14.13
LIMITATION ON INTEREST PAYABLE.
IT IS THE INTENTION OF THE
PARTIES TO CONFORM STRICTLY TO THE USURY LAWS, WHETHER STATE OR FEDERAL, THAT
ARE APPLICABLE TO THE TRANSACTION OF WHICH THIS MORTGAGE IS A PART.
ALL
AGREEMENTS BETWEEN THE MORTGAGOR AND THE MORTGAGEE, WHETHER NOW EXISTING OR
HEREAFTER ARISING AND WHETHER ORAL OR WRITTEN, ARE HEREBY EXPRESSLY LIMITED SO
THAT IN NO CONTINGENCY OR EVENT WHATSOEVER SHALL THE AMOUNT PAID OR AGREED TO BE
PAID BY THE MORTGAGOR FOR THE USE, FORBEARANCE OR DETENTION OF THE MONEY TO BE
LOANED OR ADVANCED UNDER THE INDENTURE OR ANY RELATED DOCUMENT OR FOR THE
PAYMENT OR PERFORMANCE OF ANY COVENANT OR OBLIGATION CONTAINED HEREIN