shall extend
to any period after the initiation of foreclosure proceedings, judicial or
otherwise, with respect to the Mortgaged Property.
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12.13
Headings.
The Article, Section, and Subsection entitlements hereof are
inserted for convenience of reference only and shall in no way alter, modify, or
define, or be used in construing the text of such Articles, Sections, or
Subsections.
12.14
Loan Agreement.
Reference is hereby made for all purposes to the Loan
Agreement of even date herewith between Lender and Borrower pertaining to the
funding of the principal amount of the Note.
In event of a conflict between the
terms and provisions hereof and the Loan Agreement, the Loan Agreement shall
govern.
12.15
Construction.
All pronouns, whether in masculine, feminine or neuter
form, shall be deemed to refer to the object of such pronoun whether same is
masculine, feminine or neuter in gender, as the context may suggest or
require.
All terms used herein, whether or not defined in Section 1.1 hereof,
and whether used in singular or plural form, shall be deemed to refer to the
object of such term whether such is singular or plural in nature, as the context
may suggest or require.
12.16
ENTIRE AGREEMENT; AMENDMENT.
THIS MORTGAGE AND THE OTHER LOAN DOCUMENTS
EMBODY THE FINAL, ENTIRE AGREEMENT AMONG BORROWER AND LENDER AND SUPERSEDE ANY
AND ALL PRIOR COMMITMENTS, AGREEMENTS, REPRESENTATIONS, AND UNDERSTANDINGS,
WHETHER WRITTEN OR ORAL, RELATING TO THE SUBJECT MATTER HEREOF AND THEREOF AND
MAY NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR
SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS OF THE PARTIES HERETO.
THERE ARE NO
ORAL AGREEMENTS AMONG THE PARTIES HERETO.
THE PROVISIONS OF THIS MORTGAGE AND
THE OTHER LOAN DOCUMENTS MAY BE AMENDED OR WAIVED ONLY BY AN INSTRUMENT IN
WRITING SIGNED BY THE RESPECTIVE PARTIES TO SUCH DOCUMENTS.
12.17
WAIVER OF RIGHT TO TRIAL BY JURY.
BORROWER HEREBY IRREVOCABLY AND
UNCONDITIONALLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT,
PROCEEDING, OR COUNTERCLAIM THAT RELATES TO OR ARISES OUT OF ANY OF THE LOAN
DOCUMENTS OR THE NORTH LOAN DOCUMENTS OR THE ACTS OR FAILURE TO ACT OF OR BY
LENDER IN THE ENFORCEMENT OF ANY OF THE TERMS OR PROVISIONS OF THIS MORTGAGE OR
THE OTHER LOAN DOCUMENTS OR THE NORTH LOAN DOCUMENTS.
12.18
NOTICE OF INDEMNIFICATION:
BORROWER HEREBY ACKNOWLEDGES AND AGREES THAT
THIS MORTGAGE CONTAINS CERTAIN INDEMNIFICATION PROVISIONS, INCLUDING, BUT NOT
LIMITED TO SECTION 7.1 HEREOF WHICH MAY, IN CERTAIN INSTANCES, INCLUDE
INDEMNIFICATION BY BORROWER OR OTHERS AGAINST LENDER'S OWN NEGLIGENCE.
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12.19
Florida Provisions.
Notwithstanding anything contained to the contrary
in this Mortgage or in any other Loan Document, if any conflict or inconsistency
exists between this Section and this Mortgage or the other Loan Documents with
respect to the Mortgaged Property located in Florida, this Section shall govern.
(a) Benefits of Act.
(i) Borrower and