LIEN AND
SECURITY INTEREST CREATED HEREIN AS CUMULATIVE SECURITY FOR THE REPAYMENT OF THE
DEBT, THE PERFORMANCE AND DISCHARGE OF BORROWER'S OBLIGATIONS HEREUNDER, UNDER
THE LOAN AGREEMENT, THE NOTE AND THE OTHER LOAN DOCUMENTS AND THE PERFORMANCE
AND DISCHARGE OF THE OTHER OBLIGATIONS.
SECTION 15.7
ENTIRE AGREEMENT.
THE NOTE, THE LOAN AGREEMENT, THIS
SECURITY INSTRUMENT AND THE OTHER LOAN DOCUMENTS CONSTITUTE THE ENTIRE
UNDERSTANDING AND AGREEMENT BETWEEN BORROWER AND LENDER WITH RESPECT TO THE
TRANSACTIONS ARISING IN CONNECTION WITH THE DEBT AND SUPERSEDE ALL PRIOR WRITTEN
OR ORAL UNDERSTANDINGS AND AGREEMENTS BETWEEN BORROWER AND LENDER WITH RESPECT
THERETO.
BORROWER HEREBY ACKNOWLEDGES THAT, EXCEPT AS INCORPORATED IN WRITING
IN THE NOTE, THE LOAN AGREEMENT, THIS SECURITY INSTRUMENT AND THE OTHER LOAN
DOCUMENTS, THERE ARE NOT, AND WERE NOT, AND NO PERSONS ARE OR WERE AUTHORIZED BY
LENDER TO MAKE, ANY REPRESENTATIONS, UNDERSTANDINGS, STIPULATIONS, AGREEMENTS OR
PROMISES, ORAL OR WRITTEN, WITH RESPECT TO THE TRANSACTION WHICH IS THE SUBJECT
OF THE NOTE, THE LOAN AGREEMENT, THIS SECURITY INSTRUMENT AND THE OTHER LOAN
DOCUMENTS.
SECTION 15.8
LIMITATION ON LENDER'S RESPONSIBILITY.
NO PROVISION OF
THIS SECURITY INSTRUMENT SHALL OPERATE TO PLACE ANY OBLIGATION OR LIABILITY FOR
THE CONTROL, CARE, MANAGEMENT OR REPAIR OF THE PROPERTY UPON LENDER, NOR SHALL
IT OPERATE TO MAKE LENDER RESPONSIBLE OR LIABLE FOR ANY WASTE COMMITTED ON THE
PROPERTY BY THE TENANTS OR ANY OTHER PERSON, OR FOR ANY DANGEROUS OR DEFECTIVE
CONDITION OF THE PROPERTY, OR FOR ANY NEGLIGENCE IN THE MANAGEMENT, UPKEEP,
REPAIR OR CONTROL OF THE PROPERTY RESULTING IN LOSS OR INJURY OR DEATH TO ANY
TENANT, LICENSEE, EMPLOYEE OR STRANGER.
NOTHING HEREIN CONTAINED SHALL BE
CONSTRUED AS CONSTITUTING LENDER A "MORTGAGEE IN POSSESSION."
ARTICLE XVI - GROUND LEASE PROVISIONS
SECTION 16.1
NO MERGER OF FEE AND LEASEHOLD ESTATES; RELEASES.
SO LONG
AS ANY PORTION OF THE DEBT SHALL REMAIN UNPAID, UNLESS LENDER SHALL OTHERWISE
CONSENT, THE FEE TITLE TO THE LAND AND THE LEASEHOLD ESTATE SHALL NOT MERGE BUT
SHALL ALWAYS BE KEPT SEPARATE AND DISTINCT, NOTWITHSTANDING THE UNION OF SUCH
ESTATES IN BORROWER, GROUND LESSOR OR IN ANY OTHER PERSON BY PURCHASE, OPERATION
OF LAW OR OTHERWISE.
LENDER RESERVES THE RIGHT, AT ANY TIME, TO RELEASE
PORTIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE LEASEHOLD ESTATE,
WITH OR WITHOUT CONSIDERATION, AT LENDER'S ELECTION, WITHOUT WAIVING OR
AFFECTING ANY OF ITS RIGHTS HEREUNDER OR UNDER THE NOTE OR THE OTHER LOAN
DOCUMENTS AND ANY SUCH RELEASE SHALL NOT AFFECT LENDER'S RIGHTS IN CONNECTION
WITH THE PORTION OF THE PROPERTY NOT SO RELEASED.
SECTION 16.2
BORROWER'S ACQUISITION OF FEE ESTATE.
IN THE EVENT THAT
BORROWER, SO LONG AS ANY PORTION OF THE DEBT REMAINS UNPAID, SHALL BECOME THE
OWNER AND HOLDER OF GROUND LESSOR'S FEE INTEREST IN THE PORTION OF THE PROPERTY
DEMISED PURSUANT TO THE GROUND LEASE, THE LIEN OF THIS SECURITY INSTRUMENT SHALL
BE SPREAD TO COVER SUCH INTEREST AND SUCH INTEREST SHALL BE DEEMED TO BE
INCLUDED IN THE PROPERTY.
BORROWER AGREES, AT ITS SOLE COST AND EXPENSE,
INCLUDING WITHOUT LIMITATION,