FOR THE
MORTGAGOR, SUCH POWER OF ATTORNEY BEING COUPLED WITH AN INTEREST AND IS
IRREVOCABLE.
SECTION 13.3
ADDITIONAL SECURITY.
WITHOUT NOTICE TO OR CONSENT OF THE
MORTGAGOR AND WITHOUT IMPAIRMENT OF THE LIEN AND RIGHTS CREATED BY THIS
MORTGAGE, THE MORTGAGEE MAY ACCEPT (BUT THE MORTGAGOR SHALL NOT BE OBLIGATED TO
FURNISH) FROM THE MORTGAGOR OR FROM ANY OTHER PERSON, ADDITIONAL SECURITY FOR
THE SECURED OBLIGATIONS.
NEITHER THE GIVING HEREOF NOR THE ACCEPTANCE OF ANY
SUCH ADDITIONAL SECURITY SHALL PREVENT THE MORTGAGEE FROM RESORTING, FIRST, TO
SUCH ADDITIONAL SECURITY, AND, SECOND, TO THE SECURITY CREATED BY THIS MORTGAGE
WITHOUT AFFECTING THE MORTGAGEE'S LIEN AND RIGHTS UNDER THIS MORTGAGE.
29
ARTICLE XIV
MISCELLANEOUS
SECTION 14.1
COVENANTS TO RUN WITH THE LAND.
ALL OF THE GRANTS, COVENANTS,
TERMS, PROVISIONS AND CONDITIONS IN THIS MORTGAGE SHALL RUN WITH THE LAND AND
SHALL APPLY TO, AND BIND THE SUCCESSORS AND ASSIGNS OF, THE MORTGAGOR.
IF THERE
SHALL BE MORE THAN ONE MORTGAGOR WITH RESPECT TO THE MORTGAGED PROPERTY, THE
COVENANTS AND WARRANTIES HEREOF SHALL BE JOINT AND SEVERAL.
SECTION 14.2
NO MERGER.
THE RIGHTS AND ESTATE CREATED BY THIS MORTGAGE SHALL
NOT, UNDER ANY CIRCUMSTANCES, BE HELD TO HAVE MERGED INTO ANY OTHER ESTATE OR
INTEREST NOW OWNED OR HEREAFTER ACQUIRED BY THE MORTGAGEE UNLESS THE MORTGAGEE
SHALL HAVE CONSENTED TO SUCH MERGER IN WRITING.
SECTION 14.3
CONCERNING MORTGAGEE.
(I)
THE MORTGAGEE HAS BEEN APPOINTED AS TRUSTEE PURSUANT TO THE
INDENTURE.
THE ACTIONS OF THE MORTGAGEE HEREUNDER ARE SUBJECT TO THE PROVISIONS
OF THE INDENTURE.
THE MORTGAGEE SHALL HAVE THE RIGHT HEREUNDER TO MAKE DEMANDS,
TO GIVE NOTICES, TO EXERCISE OR REFRAIN FROM EXERCISING ANY RIGHTS, AND TO TAKE
OR REFRAIN FROM TAKING ACTION (INCLUDING, WITHOUT LIMITATION, THE RELEASE OR
SUBSTITUTION OF THE MORTGAGED PROPERTY), IN ACCORDANCE WITH THIS MORTGAGE AND
THE INDENTURE.
THE MORTGAGEE MAY EMPLOY AGENTS AND ATTORNEYS-IN-FACT IN
CONNECTION HEREWITH AND SHALL NOT BE LIABLE FOR THE NEGLIGENCE OR MISCONDUCT OF
ANY SUCH AGENTS OR ATTORNEYS-IN-FACT SELECTED BY IT IN GOOD FAITH.
THE
MORTGAGEE MAY RESIGN AND A SUCCESSOR MORTGAGEE MAY BE APPOINTED IN THE MANNER
PROVIDED IN THE INDENTURE.
UPON THE ACCEPTANCE OF ANY APPOINTMENT AS THE
MORTGAGEE BY A SUCCESSOR MORTGAGEE, THAT SUCCESSOR MORTGAGEE SHALL THEREUPON
SUCCEED TO AND BECOME VESTED WITH ALL THE RIGHTS, POWERS, PRIVILEGES AND DUTIES
OF THE RETIRING MORTGAGEE UNDER THIS MORTGAGE, AND THE RETIRING MORTGAGEE SHALL
THEREUPON BE DISCHARGED FROM ITS DUTIES AND OBLIGATIONS UNDER THIS MORTGAGE.
AFTER ANY RETIRING MORTGAGEE'S RESIGNATION, THE PROVISIONS HEREOF SHALL INURE TO
ITS BENEFIT AS TO ANY ACTIONS TAKEN OR OMITTED TO BE TAKEN BY IT UNDER THIS
MORTGAGE WHILE IT WAS THE MORTGAGEE.
(II)
THE MORTGAGEE SHALL BE DEEMED TO HAVE EXERCISED REASONABLE CARE
IN THE CUSTODY AND PRESERVATION OF THE MORTGAGED PROPERTY IN ITS POSSESSION IF
SUCH MORTGAGED PROPERTY IS ACCORDED TREATMENT SUBSTANTIALLY EQUIVALENT TO THAT
WHICH THE MORTGAGEE, IN ITS INDIVIDUAL CAPACITY, ACCORDS ITS OWN PROPERTY
CONSISTING OF SIMILAR INSTRUMENTS OR INTERESTS, IT BEING UNDERSTOOD THAT NEITHER
THE MORTGAGEE NOR ANY OF THE SECURED