IRRESPECTIVE OF HOW LONG SUCH FAILURE CONTINUES, SHALL CONSTITUTE A
WAIVER BY MORTGAGEE OF ITS RIGHTS HEREUNDER OR IMPAIR ANY RIGHTS, POWERS OR
REMEDIES CONSEQUENT ON ANY FUTURE EVENT OF DEFAULT BY MORTGAGOR.
(B)
EVEN IF MORTGAGEE (I) GRANTS SOME FORBEARANCE OR AN EXTENSION OF TIME FOR
THE PAYMENT OF ANY SUMS SECURED HEREBY, (II) TAKES OTHER OR ADDITIONAL SECURITY
FOR THE PAYMENT OF ANY SUMS SECURED HEREBY, (III) WAIVES OR DOES NOT EXERCISE
SOME RIGHT GRANTED HEREIN OR UNDER THE SECURED DEBT AGREEMENTS, (IV) RELEASES A
PART OF THE MORTGAGED PROPERTY FROM THIS MORTGAGE, (V) AGREES TO CHANGE SOME OF
THE TERMS, COVENANTS, CONDITIONS OR AGREEMENTS OF ANY OF THE SECURED DEBT
AGREEMENTS, (VI) CONSENTS TO THE FILING OF A MAP, PLAT OR REPLAT AFFECTING THE
PREMISES, (VII) CONSENTS TO THE GRANTING OF AN EASEMENT OR OTHER RIGHT AFFECTING
THE PREMISES OR (VIII) MAKES OR CONSENTS TO AN AGREEMENT SUBORDINATING
MORTGAGEE'S LIEN ON THE MORTGAGED PROPERTY HEREUNDER; NO SUCH ACT OR OMISSION
SHALL PRECLUDE MORTGAGEE FROM
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EXERCISING ANY OTHER RIGHT, POWER OR PRIVILEGE HEREIN GRANTED OR INTENDED TO BE
GRANTED IN THE EVENT OF ANY BREACH OR EVENT OF DEFAULT THEN MADE OR OF ANY
SUBSEQUENT DEFAULT; NOR, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN AN INSTRUMENT
EXECUTED BY MORTGAGEE, SHALL THIS MORTGAGE BE ALTERED THEREBY.
IN THE EVENT OF
THE SALE OR TRANSFER BY OPERATION OF LAW OR OTHERWISE OF ALL OR PART OF THE
MORTGAGED PROPERTY, MORTGAGEE IS HEREBY AUTHORIZED AND EMPOWERED TO DEAL WITH
ANY VENDEE OR TRANSFEREE WITH REFERENCE TO THE MORTGAGED PROPERTY SECURED
HEREBY, OR WITH REFERENCE TO ANY OF THE TERMS, COVENANTS, CONDITIONS OR
AGREEMENTS HEREOF, AS FULLY AND TO THE SAME EXTENT AS IT MIGHT DEAL WITH THE
ORIGINAL PARTIES HERETO AND WITHOUT IN ANY WAY RELEASING OR DISCHARGING ANY
LIABILITIES, OBLIGATIONS OR UNDERTAKINGS.
SECTION 2.16.
WAIVER OF TRIAL BY JURY.
TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, MORTGAGOR AND MORTGAGEE EACH HEREBY IRREVOCABLY AND
UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY ACTION, CLAIM, SUIT OR PROCEEDING
RELATING TO THIS MORTGAGE AND FOR ANY COUNTERCLAIM BROUGHT THEREIN.
MORTGAGOR
HEREBY WAIVES ALL RIGHTS TO INTERPOSE ANY COUNTERCLAIM IN ANY SUIT BROUGHT BY
MORTGAGEE HEREUNDER AND ALL RIGHTS TO HAVE ANY SUCH SUIT CONSOLIDATED WITH ANY
SEPARATE SUIT, ACTION OR PROCEEDING.
SECTION 2.17.
REMEDIES CUMULATIVE.
NO RIGHT, POWER OR REMEDY CONFERRED UPON OR
RESERVED TO MORTGAGEE BY THIS MORTGAGE IS INTENDED TO BE EXCLUSIVE OF ANY OTHER
RIGHT, POWER OR REMEDY, AND EACH AND EVERY SUCH RIGHT, POWER AND REMEDY SHALL BE
CUMULATIVE AND CONCURRENT AND IN ADDITION TO ANY OTHER RIGHT, POWER AND REMEDY
GIVEN HEREUNDER OR NOW OR HEREAFTER EXISTING AT LAW OR IN EQUITY OR BY STATUTE.
ARTICLE III
MISCELLANEOUS
SECTION 3.01.
PARTIAL INVALIDITY.
IN THE EVENT ANY ONE OR MORE OF THE
PROVISIONS CONTAINED IN THIS MORTGAGE SHALL FOR ANY REASON BE HELD TO BE
INVALID, ILLEGAL OR UNENFORCEABLE IN ANY RESPECT, SUCH VALIDITY, ILLEGALITY OR
UNENFORCEABILITY SHALL, AT THE OPTION OF MORTGAGEE, NOT AFFECT ANY OTHER
PROVISION