provided herein, words used in this Mortgage
may be used interchangeably in singular or plural form and the word "Borrower"
shall mean "each Borrower and any subsequent owner or owners of the Property or
any part thereof or any interest therein," the word "Lender" shall mean "Lender
and any subsequent holder of the Note," the word "Note" shall mean "the Note and
any other evidence of indebtedness secured by this Mortgage," the word
"Property" shall include any portion of the Property and any interest therein,
and the phrases "attorneys' fees", "legal fees" and "counsel fees" shall include
any and all attorneys', paralegal and law clerk fees and disbursements,
including, but not limited to, fees and disbursements at the pre-trial, trial
and appellate levels incurred or paid by Lender in protecting its interest in
the Property, the Leases and the Rents and enforcing its rights hereunder.
30
ARTICLE XV
MISCELLANEOUS PROVISIONS
15.1
NO ORAL CHANGE.
THIS MORTGAGE, AND ANY
PROVISIONS HEREOF, MAY NOT BE MODIFIED, AMENDED, WAIVED, EXTENDED, CHANGED,
DISCHARGED OR TERMINATED ORALLY OR BY ANY ACT OR FAILURE TO ACT ON THE PART OF
BORROWER OR LENDER, BUT ONLY BY AN AGREEMENT IN WRITING SIGNED BY THE PARTY
AGAINST WHOM ENFORCEMENT OF ANY MODIFICATION, AMENDMENT, WAIVER, EXTENSION,
CHANGE, DISCHARGE OR TERMINATION IS SOUGHT.
15.2
SUCCESSORS AND ASSIGNS.
THIS MORTGAGE SHALL BE
BINDING UPON AND INURE TO THE BENEFIT OF BORROWER AND LENDER AND THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS FOREVER.
15.3
INAPPLICABLE PROVISIONS.
IF ANY TERM, COVENANT
OR CONDITION OF THE LOAN AGREEMENT, THE NOTE OR THIS MORTGAGE IS HELD TO BE
INVALID, ILLEGAL OR UNENFORCEABLE IN ANY RESPECT, THE LOAN AGREEMENT, THE NOTE
AND THIS MORTGAGE SHALL BE CONSTRUED WITHOUT SUCH PROVISION.
15.4
HEADINGS, ETC.
THE HEADINGS AND CAPTIONS OF
VARIOUS SECTIONS OF THIS MORTGAGE 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.
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.
15.6
SUBROGATION.
IF ANY OR ALL OF THE PROCEEDS OF
THE NOTE HAVE BEEN USED TO EXTINGUISH, EXTEND OR RENEW ANY INDEBTEDNESS
HERETOFORE EXISTING AGAINST THE PROPERTY, THEN, TO THE EXTENT OF THE FUNDS SO
USED, LENDER SHALL BE SUBROGATED TO ALL OF THE RIGHTS, CLAIMS, LIENS, TITLES,
AND INTERESTS EXISTING AGAINST THE PROPERTY HERETOFORE HELD BY, OR IN FAVOR OF,
THE HOLDER OF SUCH INDEBTEDNESS AND SUCH FORMER RIGHTS, CLAIMS, LIENS, TITLES,
AND INTERESTS, IF ANY, ARE NOT WAIVED BUT RATHER ARE CONTINUED IN FULL FORCE AND
EFFECT IN FAVOR OF LENDER AND ARE MERGED WITH THE LIEN AND SECURITY INTEREST
CREATED HEREIN AS CUMULATIVE SECURITY FOR THE REPAYMENT OF THE DEBT, THE
PERFORMANCE AND DISCHARGE OF BORROWER'S OBLIGATIONS HEREUNDER, UNDER THE LOAN
AGREEMENT, THE NOTE AND THE OTHER LOAN DOCUMENTS AND THE PERFORMANCE AND
DISCHARGE OF THE OTHER