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54. Miscellaneous. 2 01400400 partition of all or any part of the Mortgaged Property; (c) each tenant -in- common comprising Borrower agrees that their rights as tenants -in- common, and all rights, privileges and remedies of each tenant -in- common comprising Borrower hereunder, including without limitation, any right of first refusal (including any such right arising under Section 363(i) of Chapter 11 of the United States Bankruptcy Code), purchase options, call option or other similar rights under any tenant -in- common agreement, are subject and subordinate to this Security Instrument and the Loan Documents and the liens created thereby, and to all rights of the Lender hereunder; (d) each tenant -in- common comprising Borrower hereby waives and agrees not to assert, any lien rights, whether statutory or otherwise, that it may have against the co- tenancy interest or any other interest of any other tenant -in- common comprising Borrower; (e) each tenant -in- common comprising Borrower agrees that the party listed for the Borrower Notice Address on Schedule A attached hereto shall be given the power and authority to give and receive all notices required under this Security Instrument and the Loan Documents and that Lender may disregard notices from any or all other tenant -in- common comprising Borrower; (f) if the tenants -in- common comprising Borrower wish to set forth their rights as tenants in common in a tenant -in- common agreement, the tenant -in- common agreement shall (i) be acceptable to Lender in its reasonable discretion, (ii) at Lender's election, be recorded in the appropriate recorder's office in the applicable county or city where the Mortgaged Property is located; (iii) provide that the agreement may not be terminated, cancelled, modified, changed, supplemented, altered or amended in any manner whatsoever, without the prior written consent of the Lender (such consent to be given or withheld at Lender's reasonable discretion); and (iv) be governed by the law of the State or Commonwealth in which the Mortgaged Property is located; and (g) in the event that any provision in this paragraph 53 conflicts with any provision in the tenant -in- common agreement (if any), then the provisions of this paragraph 53 shall control. (a) Any consent or approval by Lender in any single instance shall not be deemed or construed to be Lender's consent or approval in any like matter arising at a subsequent date, and the failure of Lender to promptly exercise any right, power, remedy, consent or approval provided herein or at law or in equity shall not constitute or be construed as a waiver of the same nor shall Lender be estopped from exercising such right, power, remedy, consent or approval at a later date. Any consent or approval requested of and granted by Lender pursuant hereto shall be narrowly construed to be applicable only to Borrower and the matter identified in such consent or approval and no third party shall claim any benefit by reason thereof, other than the party to whom such consent or approval was given or reasonably intended to benefit, and any such consent or approval shall not be deemed to constitute Lender a venturer or partner with Borrower nor shall privity of contract be presumed to have been established with any such third party. (b) Borrower represents and warrants to Lender that, as of the date hereof, there has not been committed by Borrower any act or omission affording the federal government or any state or local government the right of forfeiture as against the Mortgaged Property or any part thereof or any monies paid in performance of Borrower's obligations under the Note, this Security Instrument or under any of the other Loan Documents. -68-