EXPENSE
HEREUNDER.
7.7
OTHER RIGHTS, ETC.
(A)
THE FAILURE OF
LENDER TO INSIST UPON STRICT PERFORMANCE OF ANY TERM HEREOF SHALL NOT BE DEEMED
TO BE A WAIVER OF ANY TERM OF THIS MORTGAGE.
BORROWER SHALL NOT BE RELIEVED OF
BORROWER'S OBLIGATIONS HEREUNDER BY REASON OF (I) THE FAILURE OF LENDER TO
COMPLY WITH ANY REQUEST OF BORROWER OR ANY GUARANTOR OR INDEMNITOR WITH RESPECT
TO THE LOAN TO TAKE ANY ACTION TO FORECLOSE THIS MORTGAGE OR OTHERWISE ENFORCE
ANY OF THE PROVISIONS HEREOF OR OF THE NOTE OR THE OTHER LOAN DOCUMENTS,
(II) THE RELEASE, REGARDLESS OF CONSIDERATION, OF THE WHOLE OR ANY PART OF THE
PROPERTY, OR OF ANY PERSON LIABLE FOR THE DEBT OR ANY PORTION THEREOF, OR
(III) ANY AGREEMENT OR STIPULATION BY LENDER EXTENDING THE TIME OF PAYMENT OR
OTHERWISE MODIFYING OR SUPPLEMENTING THE TERMS OF THE NOTE, THIS MORTGAGE OR THE
OTHER LOAN DOCUMENTS.
(B)
IT IS AGREED THAT THE RISK OF LOSS OR DAMAGE
TO THE PROPERTY IS ON BORROWER, AND LENDER SHALL HAVE NO LIABILITY WHATSOEVER
FOR DECLINE IN VALUE OF THE PROPERTY, FOR FAILURE TO MAINTAIN THE POLICIES, OR
FOR FAILURE TO DETERMINE WHETHER INSURANCE IN FORCE IS ADEQUATE AS TO THE AMOUNT
OF RISKS INSURED.
POSSESSION BY LENDER SHALL NOT BE DEEMED AN ELECTION OF
JUDICIAL RELIEF, IF ANY SUCH POSSESSION IS REQUESTED OR OBTAINED, WITH RESPECT
TO ANY PROPERTY OR COLLATERAL NOT IN LENDER'S POSSESSION.
(C)
LENDER MAY RESORT FOR THE PAYMENT OF THE
DEBT TO ANY OTHER SECURITY HELD BY LENDER IN SUCH ORDER AND MANNER AS LENDER, IN
ITS DISCRETION, MAY ELECT.
LENDER MAY TAKE ACTION TO RECOVER THE DEBT, OR ANY
PORTION THEREOF, OR TO ENFORCE ANY COVENANT HEREOF WITHOUT PREJUDICE TO THE
RIGHT OF LENDER THEREAFTER TO FORECLOSE THIS MORTGAGE.
THE RIGHTS OF LENDER
UNDER THIS MORTGAGE SHALL BE SEPARATE, DISTINCT AND CUMULATIVE AND NONE SHALL BE
GIVEN EFFECT TO THE EXCLUSION OF THE OTHERS.
NO ACT OF LENDER SHALL BE
CONSTRUED AS AN ELECTION TO PROCEED UNDER ANY ONE PROVISION HEREIN TO THE
EXCLUSION OF ANY OTHER PROVISION.
LENDER SHALL NOT BE LIMITED EXCLUSIVELY TO
THE RIGHTS AND REMEDIES HEREIN STATED BUT SHALL BE ENTITLED TO EVERY RIGHT AND
REMEDY NOW OR HEREAFTER AFFORDED AT LAW OR IN EQUITY.
7.8
RIGHT TO RELEASE ANY PORTION OF THE
PROPERTY.
LENDER MAY RELEASE ANY PORTION OF THE PROPERTY FOR SUCH CONSIDERATION
AS LENDER MAY REQUIRE WITHOUT, AS TO THE REMAINDER
18
OF THE PROPERTY, IN ANY WAY IMPAIRING OR AFFECTING THE LIEN OR PRIORITY OF THIS
MORTGAGE, OR IMPROVING THE POSITION OF ANY SUBORDINATE LIENHOLDER WITH RESPECT
THERETO, EXCEPT TO THE EXTENT THAT THE OBLIGATIONS HEREUNDER SHALL HAVE BEEN
REDUCED BY THE ACTUAL MONETARY CONSIDERATION, IF ANY, RECEIVED BY LENDER FOR
SUCH RELEASE, AND MAY ACCEPT BY ASSIGNMENT, PLEDGE OR OTHERWISE ANY OTHER
PROPERTY IN PLACE THEREOF AS LENDER MAY REQUIRE WITHOUT BEING ACCOUNTABLE FOR SO
DOING TO ANY OTHER LIENHOLDER.
THIS MORTGAGE SHALL CONTINUE AS A LIEN AND
SECURITY INTEREST IN THE REMAINING PORTION