SHALL MEAN
"INCLUDING BUT NOT LIMITED TO"; (B) "PROVISIONS" SHALL MEAN "PROVISIONS, TERMS,
COVENANTS AND/OR CONDITIONS"; (C) "LIEN" SHALL MEAN "LIEN, CHARGE, ENCUMBRANCE,
SECURITY INTEREST, MORTGAGE OR DEED OF TRUST"; (D) "OBLIGATION" SHALL MEAN
"OBLIGATION, DUTY, COVENANT AND/OR CONDITION"; AND (E) "ANY OF THE MORTGAGED
PROPERTY" SHALL MEAN "THE MORTGAGED PROPERTY OR ANY PART THEREOF OR INTEREST
THEREIN".
ANY ACT THAT MORTGAGEE IS PERMITTED TO PERFORM HEREUNDER MAY BE
PERFORMED AT ANY TIME AND FROM TIME TO TIME BY MORTGAGEE OR ANY PERSON OR ENTITY
DESIGNATED BY MORTGAGEE.
ANY ACT THAT IS PROHIBITED TO MORTGAGOR HEREUNDER IS
ALSO PROHIBITED TO ALL LESSEES OF ANY OF THE MORTGAGED PROPERTY.
EACH
APPOINTMENT OF MORTGAGEE AS ATTORNEY-IN-FACT FOR MORTGAGOR UNDER THE MORTGAGE IS
IRREVOCABLE, WITH POWER OF SUBSTITUTION AND COUPLED WITH AN INTEREST.
SECTION 3.06.
MULTISITE REAL ESTATE TRANSACTION.
MORTGAGOR ACKNOWLEDGES THAT
THIS MORTGAGE IS ONE OF A NUMBER OF OTHER MORTGAGES AND SECURITY DOCUMENTS THAT
SECURE THE OBLIGATIONS.
MORTGAGOR AGREES THAT THE LIEN OF THIS MORTGAGE SHALL
BE ABSOLUTE AND UNCONDITIONAL AND SHALL NOT IN ANY MANNER BE AFFECTED OR
IMPAIRED BY ANY ACTS OR OMISSIONS WHATSOEVER OF MORTGAGEE, AND WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, THE LIEN HEREOF SHALL NOT BE IMPAIRED BY ANY
ACCEPTANCE BY THE MORTGAGEE OF ANY SECURITY FOR OR GUARANTEES OF ANY OF THE
OBLIGATIONS HEREBY SECURED, OR BY ANY FAILURE, NEGLECT OR OMISSION ON THE PART
OF MORTGAGEE TO REALIZE UPON OR PROTECT ANY OBLIGATION OR INDEBTEDNESS HEREBY
SECURED OR ANY COLLATERAL SECURITY THEREFOR INCLUDING THE OTHER MORTGAGES AND
OTHER SECURITY DOCUMENTS.
THE LIEN HEREOF SHALL NOT IN ANY MANNER BE IMPAIRED
OR AFFECTED BY ANY RELEASE
16
(EXCEPT AS TO THE PROPERTY RELEASED), SALE, PLEDGE, SURRENDER, COMPROMISE,
SETTLEMENT, RENEWAL, EXTENSION, INDULGENCE, ALTERATION, CHANGING, MODIFICATION
OR DISPOSITION OF ANY OF THE OBLIGATIONS SECURED OR OF ANY OF THE COLLATERAL
SECURITY THEREFOR, INCLUDING THE OTHER MORTGAGES AND OTHER SECURITY DOCUMENTS OR
OF ANY GUARANTEE THEREOF, AND MORTGAGEE MAY AT ITS DISCRETION FORECLOSE,
EXERCISE ANY POWER OF SALE, OR EXERCISE ANY OTHER REMEDY AVAILABLE TO IT UNDER
ANY OR ALL OF THE OTHER MORTGAGES AND OTHER SECURITY DOCUMENTS WITHOUT FIRST
EXERCISING OR ENFORCING ANY OF ITS RIGHTS AND REMEDIES HEREUNDER.
SUCH EXERCISE
OF MORTGAGEE'S RIGHTS AND REMEDIES UNDER ANY OR ALL OF THE OTHER MORTGAGES AND
OTHER SECURITY DOCUMENTS SHALL NOT IN ANY MANNER IMPAIR THE INDEBTEDNESS HEREBY
SECURED OR THE LIEN OF THIS MORTGAGE AND ANY EXERCISE OF THE RIGHTS OR REMEDIES
OF MORTGAGEE HEREUNDER SHALL NOT IMPAIR THE LIEN OF ANY OF THE OTHER MORTGAGES
AND OTHER SECURITY DOCUMENTS OR ANY OF MORTGAGEE'S RIGHTS AND REMEDIES
THEREUNDER.
MORTGAGOR SPECIFICALLY CONSENTS AND AGREES THAT MORTGAGEE MAY
EXERCISE ITS RIGHTS AND REMEDIES HEREUNDER AND UNDER THE OTHER MORTGAGES AND
OTHER SECURITY DOCUMENTS SEPARATELY OR CONCURRENTLY AND IN ANY ORDER THAT IT MAY
DEEM APPROPRIATE AND WAIVES ANY RIGHTS OF SUBROGATION.
SECTION 3.07.
NO ORAL MODIFICATION.
THIS MORTGAGE MAY NOT BE CHANGED OR
TERMINATED ORALLY.
ANY AGREEMENT MADE BY MORTGAGOR AND MORTGAGEE AFTER THE DATE
OF THIS