MORTGAGEE IS PERMITTED TO PERFORM HEREUNDER MAY BE
PERFORMED AT ANY TIME AND FROM TIME TO TIME BY MORTGAGEE OR ANY PERSON OR ENTITY
DESIGNATED BY MORTGAGEE.
ANY ACT THAT IS PROHIBITED TO MORTGAGOR HEREUNDER IS
ALSO PROHIBITED TO ALL LESSEES OF ANY OF THE MORTGAGED PROPERTY.
EACH
APPOINTMENT OF MORTGAGEE AS ATTORNEY-IN-FACT FOR MORTGAGOR UNDER THE MORTGAGE IS
IRREVOCABLE, WITH POWER OF SUBSTITUTION AND COUPLED WITH AN INTEREST.
SECTION 3.06.
MULTISITE REAL ESTATE TRANSACTION.
MORTGAGOR ACKNOWLEDGES THAT
THIS MORTGAGE IS ONE OF A NUMBER OF OTHER MORTGAGES AND SECURITY DOCUMENTS THAT
SECURE THE OBLIGATIONS.
MORTGAGOR AGREES THAT THE LIEN OF THIS MORTGAGE SHALL
BE ABSOLUTE AND UNCONDITIONAL AND SHALL NOT IN ANY MANNER BE AFFECTED OR
IMPAIRED BY ANY ACTS OR OMISSIONS WHATSOEVER OF MORTGAGEE, AND WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, THE LIEN HEREOF SHALL NOT BE IMPAIRED BY ANY
ACCEPTANCE BY THE MORTGAGEE OF ANY SECURITY FOR OR GUARANTEES OF ANY OF THE
OBLIGATIONS HEREBY SECURED, OR BY ANY FAILURE, NEGLECT OR OMISSION ON THE PART
OF MORTGAGEE TO REALIZE UPON OR PROTECT ANY OBLIGATION OR INDEBTEDNESS HEREBY
SECURED OR ANY COLLATERAL SECURITY THEREFOR INCLUDING THE OTHER MORTGAGES AND
OTHER SECURITY DOCUMENTS.
THE LIEN HEREOF SHALL NOT IN ANY MANNER BE IMPAIRED
OR AFFECTED BY ANY RELEASE (EXCEPT AS TO THE PROPERTY RELEASED), SALE, PLEDGE,
SURRENDER, COMPROMISE, SETTLEMENT, RENEWAL, EXTENSION, INDULGENCE, ALTERATION,
CHANGING, MODIFICATION OR DISPOSITION OF ANY OF THE OBLIGATIONS SECURED OR OF
ANY OF THE COLLATERAL SECURITY THEREFOR, INCLUDING THE OTHER MORTGAGES AND OTHER
SECURITY DOCUMENTS OR OF ANY GUARANTEE THEREOF, AND MORTGAGEE MAY AT
17
ITS DISCRETION FORECLOSE, EXERCISE ANY POWER OF SALE, OR EXERCISE ANY OTHER
REMEDY AVAILABLE TO IT UNDER ANY OR ALL OF THE OTHER MORTGAGES AND OTHER
SECURITY DOCUMENTS WITHOUT FIRST EXERCISING OR ENFORCING ANY OF ITS RIGHTS AND
REMEDIES HEREUNDER.
SUCH EXERCISE OF MORTGAGEE'S RIGHTS AND REMEDIES UNDER ANY
OR ALL OF THE OTHER MORTGAGES AND OTHER SECURITY DOCUMENTS SHALL NOT IN ANY
MANNER IMPAIR THE INDEBTEDNESS HEREBY SECURED OR THE LIEN OF THIS MORTGAGE AND
ANY EXERCISE OF THE RIGHTS OR REMEDIES OF MORTGAGEE HEREUNDER SHALL NOT IMPAIR
THE LIEN OF ANY OF THE OTHER MORTGAGES AND OTHER SECURITY DOCUMENTS OR ANY OF
MORTGAGEE'S RIGHTS AND REMEDIES THEREUNDER.
MORTGAGOR SPECIFICALLY CONSENTS AND
AGREES THAT MORTGAGEE MAY EXERCISE ITS RIGHTS AND REMEDIES HEREUNDER AND UNDER
THE OTHER MORTGAGES AND OTHER SECURITY DOCUMENTS SEPARATELY OR CONCURRENTLY AND
IN ANY ORDER THAT IT MAY DEEM APPROPRIATE AND WAIVES ANY RIGHTS OF SUBROGATION.
SECTION 3.07.
NO ORAL MODIFICATION.
THIS MORTGAGE MAY NOT BE CHANGED OR
TERMINATED ORALLY.
ANY AGREEMENT MADE BY MORTGAGOR AND MORTGAGEE AFTER THE DATE
OF THIS MORTGAGE RELATING TO THIS MORTGAGE SHALL BE SUPERIOR TO THE RIGHTS OF
THE HOLDER OF ANY INTERVENING OR SUBORDINATE MORTGAGE, LIEN OR ENCUMBRANCE.
SECTION 3.08.
INTERCREDITOR AGREEMENT.
NOTWITHSTANDING ANYTHING HEREIN TO THE
CONTRARY, THE LIENS GRANTED TO THE MORTGAGEE UNDER THIS MORTGAGE AND THE
EXERCISE OF THE RIGHTS AND REMEDIES OF THE MORTGAGEE HEREUNDER ARE SUBJECT TO
THE PROVISIONS OF THE