HEADINGS AND CAPTIONS OF VARIOUS
SECTIONS OF THIS SECURITY INSTRUMENT ARE FOR CONVENIENCE OF REFERENCE ONLY AND
ARE NOT TO BE CONSTRUED AS DEFINING OR LIMITING, IN ANY WAY, THE SCOPE OR INTENT
OF THE PROVISIONS HEREOF.
SECTION 15.5
NUMBER AND GENDER.
WHENEVER THE CONTEXT MAY REQUIRE, ANY
PRONOUNS USED HEREIN SHALL INCLUDE THE CORRESPONDING MASCULINE, FEMININE OR
NEUTER FORMS, AND THE SINGULAR FORM OF NOUNS AND PRONOUNS SHALL INCLUDE THE
PLURAL AND VICE VERSA.
SECTION 15.6
ENTIRE AGREEMENT.
THIS SECURITY INSTRUMENT AND THE OTHER
LOAN DOCUMENTS CONTAIN THE ENTIRE AGREEMENT OF THE PARTIES HERETO AND THERETO IN
RESPECT OF THE TRANSACTIONS CONTEMPLATED HEREBY AND THEREBY, AND ALL PRIOR
AGREEMENTS AMONG OR BETWEEN SUCH PARTIES, WHETHER ORAL OR WRITTEN, ARE
SUPERSEDED BY THE TERMS OF THIS SECURITY INSTRUMENT AND THE OTHER LOAN
DOCUMENTS.
SECTION 15.7
LIMITATION ON MORTGAGEE'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 MORTGAGEE, NOR
SHALL IT OPERATE TO MAKE MORTGAGEE 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 MORTGAGEE A "MORTGAGEE IN POSSESSION".
ARTICLE XVI
-
INTENTIONALLY DELETED
ARTICLE XVII- GROUND LEASE PROVISIONS
SECTION 17.1
NO MERGER OF FEE AND LEASEHOLD ESTATES; RELEASES.
SO LONG
AS ANY PORTION OF THE DEBT SHALL REMAIN UNPAID, UNLESS MORTGAGEE SHALL OTHERWISE
CONSENT, THE FEE TITLE TO THE LAND AND THE LEASEHOLD ESTATE SHALL NOT MERGE BUT
SHALL ALWAYS BE KEPT SEPARATE AND DISTINCT,
16
notwithstanding the union of such estates in Borrower, Ground Lessor or in any
other Person by purchase, operation of law or otherwise.
Mortgagee 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 Mortgagee'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
Mortgagee's rights in connection with the portion of the Property not so
released.
SECTION 17.2
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, MORTGAGEE'S REASONABLE ATTORNEY'S FEES, TO (I)
EXECUTE ANY AND ALL DOCUMENTS OR INSTRUMENTS NECESSARY TO SUBJECT THE FOREGOING
INTEREST TO THE LIEN OF THIS SECURITY INSTRUMENT; AND (II) PROVIDE A TITLE
INSURANCE