MORTGAGE SHALL FOR ANY REASON BE HELD
TO BE INVALID, ILLEGAL OR UNENFORCEABLE IN ANY RESPECT, SUCH INVALIDITY,
ILLEGALITY OR UNENFORCEABILITY SHALL NOT AFFECT ANY OTHER PROVISION HEREOF, BUT
EACH SHALL BE CONSTRUED AS IF SUCH INVALID, ILLEGAL OR UNENFORCEABLE PROVISION
HAD NEVER BEEN INCLUDED.
NOTWITHSTANDING TO THE CONTRARY ANYTHING CONTAINED IN
THIS MORTGAGE OR IN ANY PROVISIONS OF ANY LOAN DOCUMENT, THE OBLIGATIONS OF
MORTGAGOR AND OF ANY OTHER OBLIGOR UNDER ANY LOAN DOCUMENTS SHALL BE SUBJECT TO
THE LIMITATION THAT MORTGAGEE SHALL NOT CHARGE, TAKE OR RECEIVE, NOR SHALL
MORTGAGOR OR ANY OTHER OBLIGOR BE OBLIGATED TO PAY TO MORTGAGEE, ANY
D-12
AMOUNTS CONSTITUTING INTEREST IN EXCESS OF THE MAXIMUM RATE PERMITTED BY LAW TO
BE CHARGED BY MORTGAGEE.
22.
MORTGAGOR'S WAIVER OF RIGHTS.
TO THE
FULLEST EXTENT PERMITTED BY LAW, MORTGAGOR WAIVES THE BENEFIT OF ALL LAWS NOW
EXISTING OR THAT MAY SUBSEQUENTLY BE ENACTED PROVIDING FOR (A) ANY APPRAISEMENT
BEFORE SALE OF ANY PORTION OF THE MORTGAGED PROPERTY, (B) ANY EXTENSION OF THE
TIME FOR THE ENFORCEMENT OF THE COLLECTION OF THE OBLIGATIONS OR THE CREATION OR
EXTENSION OF A PERIOD OF REDEMPTION FROM ANY SALE MADE IN COLLECTING SUCH DEBT
AND (C) EXEMPTION OF THE MORTGAGED PROPERTY FROM ATTACHMENT, LEVY OR SALE UNDER
EXECUTION OR EXEMPTION FROM CIVIL PROCESS.
TO THE FULL EXTENT MORTGAGOR MAY DO
SO, MORTGAGOR AGREES THAT MORTGAGOR WILL NOT AT ANY TIME INSIST UPON, PLEAD,
CLAIM OR TAKE THE BENEFIT OR ADVANTAGE OF ANY LAW NOW OR HEREAFTER IN FORCE
PROVIDING FOR ANY APPRAISEMENT, VALUATION, STAY, EXEMPTION, EXTENSION OR
REDEMPTION, OR REQUIRING FORECLOSURE OF THIS MORTGAGE BEFORE EXERCISING ANY
OTHER REMEDY GRANTED HEREUNDER AND MORTGAGOR, FOR MORTGAGOR AND ITS SUCCESSORS
AND ASSIGNS, AND FOR ANY AND ALL PERSONS EVER CLAIMING ANY INTEREST IN THE
MORTGAGED PROPERTY, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVES AND RELEASES
ALL RIGHTS OF REDEMPTION, VALUATION, APPRAISEMENT, STAY OF EXECUTION, NOTICE OF
ELECTION TO MATURE (EXCEPT AS EXPRESSLY PROVIDED IN THE CREDIT AGREEMENT) OR
DECLARE DUE THE WHOLE OF THE SECURED INDEBTEDNESS AND MARSHALLING IN THE EVENT
OF EXERCISE BY MORTGAGEE OF THE FORECLOSURE RIGHTS, POWER OF SALE, OR OTHER
RIGHTS HEREBY CREATED.
23.
REMEDIES NOT EXCLUSIVE.
SUBJECT TO THE
TERMS OF ANY DOCUMENT GOVERNING ANY SPECIAL PURPOSE FINANCING, MORTGAGEE SHALL
BE ENTITLED TO ENFORCE PAYMENT AND PERFORMANCE OF THE OBLIGATIONS AND TO
EXERCISE ALL RIGHTS AND POWERS UNDER THIS MORTGAGE OR UNDER ANY OF THE OTHER
LOAN DOCUMENTS OR OTHER AGREEMENT OR ANY LAWS NOW OR HEREAFTER IN FORCE,
NOTWITHSTANDING SOME OR ALL OF THE OBLIGATIONS MAY NOW OR HEREAFTER BE OTHERWISE
SECURED, WHETHER BY MORTGAGE, SECURITY AGREEMENT, PLEDGE, LIEN, ASSIGNMENT OR
OTHERWISE.
NEITHER THE ACCEPTANCE OF THIS MORTGAGE NOR ITS ENFORCEMENT, SHALL
PREJUDICE OR IN ANY MANNER AFFECT MORTGAGEE'S RIGHTS TO REALIZE UPON OR ENFORCE
ANY OTHER SECURITY NOW OR HEREAFTER HELD BY MORTGAGEE, IT BEING AGREED THAT
MORTGAGEE SHALL BE ENTITLED TO ENFORCE THIS MORTGAGE AND ANY OTHER SECURITY NOW
OR HEREAFTER HELD BY MORTGAGEE IN SUCH ORDER AND MANNER AS MORTGAGEE