AND ITS SUCCESSOR AND ASSIGNS.
AS USED HEREIN THE WORDS
"SUCCESSORS AND ASSIGNS" SHALL ALSO BE DEEMED TO INCLUDE THE HEIRS,
REPRESENTATIVES, ADMINISTRATOR AND EXECUTORS OF ANY NATURAL PERSON WHO IS OR
BECOMES A PARTY TO THIS MORTGAGE.
IN THE EVENT THAT THE OWNERSHIP OF THE
PREMISES BECOMES VESTED IN A PERSON OR PERSONS OTHER THAN THE BORROWER, THE
LENDER SHALL NOT HAVE ANY OBLIGATION TO DEAL WITH SUCH SUCCESSOR OR SUCCESSOR IN
INTEREST UNLESS SUCH TRANSFER IS PERMITTED BY THIS MORTGAGE AND THEN ONLY UPON
BEING NOTIFIED IN WRITING OF SUCH CHANGE OF OWNERSHIP.
UPON SUCH NOTIFICATION,
THE LENDER MAY THEREAFTER DEAL WITH SUCH SUCCESSOR IN PLACE OF BORROWER WITHOUT
ANY OBLIGATION TO THEREAFTER DEAL WITH BORROWER AND WITHOUT WAIVING ANY
LIABILITY OF BORROWER HEREUNDER OR UNDER THE NOTE.
NO CHANGE OF OWNERSHIP OF
THE PREMISES SHALL IN ANY WAY OPERATE TO RELEASE OR DISCHARGE THE LIABILITY OF
THE BORROWER HEREUNDER UNLESS SUCH RELEASE OR DISCHARGE IS EXPRESSLY AGREED TO
IN WRITING BY THE LENDER.
9.4
UNENFORCEABILITY OF CERTAIN CLAUSES.
THE
UNENFORCEABILITY OR INVALIDITY OF ANY PROVISIONS HEREOF SHALL NOT RENDER ANY
OTHER PROVISION OR PROVISIONS HEREIN CONTAINED UNENFORCEABLE OR INVALID.
9.5
CAPTIONS AND HEADINGS.
THE CAPTIONS AND
HEADINGS OF THE VARIOUS SECTIONS OF THIS MORTGAGE ARE FOR CONVENIENCE ONLY AND
ARE NOT TO BE CONSTRUED AS CONFINING OR LIMITING IN ANY WAY THE SCOPE OR INTENT
OF THE PROVISIONS HEREOF.
WHENEVER THE CONTEXT REQUIRES OR PERMITS THE SINGULAR
SHALL INCLUDE THE PLURAL, THE PLURAL SHALL INCLUDE THE SINGULAR AND THE
MASCULINE, FEMININE AND NEUTER SHALL BE FREELY INTERCHANGEABLE.
9.6
SAVINGS CLAUSE.
IT IS EXPRESSLY STIPULATED
AND AGREED TO BE THE INTENT OF BORROWER, AND LENDER AT ALL TIMES TO COMPLY WITH
APPLICABLE STATE LAW OR APPLICABLE UNITED STATES FEDERAL LAW (TO THE EXTENT THAT
IT PERMITS THE LENDER TO CONTRACT FOR, CHARGE, TAKE, RESERVE, OR RECEIVE A
GREATER
25
AMOUNT OF INTEREST THAN UNDER STATE LAW) AND THAT THIS SECTION SHALL CONTROL
EVERY OTHER COVENANT AND AGREEMENT IN THE NOTE, THIS MORTGAGE AND ANY OTHER LOAN
DOCUMENTS DELIVERED IN CONNECTION WITH THIS INSTRUMENT ("LOAN DOCUMENTS").
IF
THE APPLICABLE LAW IS EVER JUDICIALLY INTERPRETED SO AS TO RENDER USURIOUS ANY
AMOUNT CALLED FOR UNDER THE NOTE, THIS MORTGAGE OR UNDER ANY OF THE OTHER LOAN
DOCUMENTS, OR CONTRACTED FOR, CHARGED, TAKEN, RESERVED, OR RECEIVED WITH RESPECT
TO THE INDEBTEDNESS BY THE NOTE ("INDEBTEDNESS"), OR IF THE LENDER'S EXERCISE OF
THE OPTION TO ACCELERATE THE MATURITY OF THE NOTE, OR IF ANY PREPAYMENT BY
BORROWER RESULTS IN BORROWER HAVING PAID ANY INTEREST IN EXCESS OF THAT
PERMITTED BY APPLICABLE LAW, THEN IT IS BORROWER'S AND LENDER'S EXPRESS INTENT
THAT ALL EXCESS AMOUNTS THERETOFORE COLLECTED BY LENDER SHALL BE CREDITED ON THE
PRINCIPAL BALANCE OF THE NOTE AND ALL OTHER INDEBTEDNESS (OR, IF THE NOTE AND
ALL OTHER INDEBTEDNESS HAVE BEEN OR WOULD THEREBY BE PAID IN FULL, REFUNDED TO
BORROWER), AND THE PROVISIONS OF THE NOTE AND THIS MORTGAGE AND THE OTHER LOAN
DOCUMENTS IMMEDIATELY BE DEEMED REFORMED AND