of Lender. The indemnity provided for in this Section
16.02 shall not be included in any exculpation of Borrower or its principals
from personal liability provided for in this Security Instrument or in any of
the other Loan Documents. Nothing in this Section 16.02 shall be deemed to
deprive Lender of any rights or remedies otherwise available to Lender,
including, without limitation, those rights and remedies provided elsewhere in
this Security Instrument or the other Loan Documents.
ARTICLE XVII:
ASSIGNMENTS
SECTION 17.01. PARTICIPATIONS AND ASSIGNMENTS. LENDER SHALL HAVE THE RIGHT TO
ASSIGN THIS SECURITY INSTRUMENT AND/OR ANY OF THE LOAN DOCUMENTS, AND TO
TRANSFER, ASSIGN OR SELL PARTICIPATIONS AND SUBPARTICIPATIONS (INCLUDING BLIND
OR UNDISCLOSED PARTICIPATIONS AND SUBPARTICIPATIONS) IN THE LOAN DOCUMENTS AND
THE OBLIGATIONS HEREUNDER TO ANY PERSON; PROVIDED, HOWEVER, THAT NO SUCH
PARTICIPATION SHALL INCREASE, DECREASE OR OTHERWISE AFFECT EITHER BORROWER'S OR
LENDER'S OBLIGATIONS UNDER THIS SECURITY INSTRUMENT OR THE OTHER LOAN DOCUMENTS.
ARTICLE XVIII:
MISCELLANEOUS
SECTION 18.01. RIGHT OF ENTRY. LENDER AND ITS AGENTS SHALL HAVE THE RIGHT TO
ENTER AND INSPECT THE PROPERTY OR ANY PART THEREOF AT ALL REASONABLE TIMES, AND,
EXCEPT IN THE EVENT OF AN EMERGENCY, UPON REASONABLE NOTICE AND TO INSPECT
BORROWER'S BOOKS AND RECORDS AND TO MAKE ABSTRACTS AND REPRODUCTIONS THEREOF.
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SECTION 18.02. CUMULATIVE RIGHTS. THE RIGHTS OF LENDER UNDER THIS SECURITY
INSTRUMENT 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, SUBJECT TO THE TERMS OF THIS SECURITY
INSTRUMENT, TO EVERY RIGHT AND REMEDY NOW OR HEREAFTER AFFORDED BY LAW.
SECTION 18.03. LIABILITY. IF BORROWER CONSISTS OF MORE THAN ONE PERSON, THE
OBLIGATIONS AND LIABILITIES OF EACH SUCH PERSON HEREUNDER SHALL BE JOINT AND
SEVERAL.
SECTION 18.04. EXHIBITS INCORPORATED. THE INFORMATION SET FORTH ON THE COVER
HEREOF, AND THE EXHIBITS ANNEXED HERETO, ARE HEREBY INCORPORATED HEREIN AS A
PART OF THIS SECURITY INSTRUMENT WITH THE SAME EFFECT AS IF SET FORTH IN THE
BODY HEREOF.
SECTION 18.05. SEVERABLE PROVISIONS. IF ANY TERM, COVENANT OR CONDITION OF THE
LOAN DOCUMENTS INCLUDING, WITHOUT LIMITATION, THE NOTE OR THIS SECURITY
INSTRUMENT, IS HELD TO BE INVALID, ILLEGAL OR UNENFORCEABLE IN ANY RESPECT, SUCH
LOAN DOCUMENT SHALL BE CONSTRUED WITHOUT SUCH PROVISION.
SECTION 18.06. DUPLICATE ORIGINALS. THIS SECURITY INSTRUMENT MAY BE EXECUTED IN
ANY NUMBER OF DUPLICATE ORIGINALS AND EACH SUCH DUPLICATE ORIGINAL SHALL BE
DEEMED TO CONSTITUTE BUT ONE AND THE SAME INSTRUMENT.
SECTION 18.07. NO ORAL CHANGE. THE TERMS OF THIS SECURITY INSTRUMENT, TOGETHER
WITH THE TERMS OF THE NOTE AND THE OTHER LOAN DOCUMENTS CONSTITUTE THE ENTIRE
UNDERSTANDING AND AGREEMENT OF THE PARTIES HERETO AND SUPERSEDE ALL PRIOR
AGREEMENTS, UNDERSTANDINGS AND NEGOTIATIONS BETWEEN BORROWER AND LENDER WITH
RESPECT TO THE LOAN. THIS SECURITY INSTRUMENT, AND ANY PROVISIONS HEREOF, MAY
NOT