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<br />competent jurisdiction to be invalid or unenforceable, the remainder of this Instrument or of such other
<br />Loan Document shall not be affected thereby, and each term and provision shall be valid and be
<br />enforceable to the fullest extent permitted by law. This Instrument contains the entire agreement among
<br />the parties as to the rights granted and the obligations assumed in this Instrument. This Instrument may
<br />not be amended or modified except by a writing signed by the party against whom enforcement is sought.
<br />38. CONSTRUCTION. The captions and headings of the sections of this Instrument are for
<br />convenience only and shall be disregarded in construing this Instrument. Any reference in this Instrument
<br />to an "Exhibit" or a "Section" shall, unless otherwise explicitly provided, be construed as referring,
<br />respectively, to an Exhibit attached to this Instrument or to a Section of this Instrument. All Exhibits
<br />attached to or referred to in this Instrument are incorporated by reference into this Instrument. Any
<br />reference in this Instrument to a statute or regulation shall be construed as referring to that statute or
<br />regulation as amended from time to time. Use of the singular in this Agreement includes the plural and
<br />use of the plural includes the singular. As used in this Instrument, the term "including" means "including,
<br />but not limited to."
<br />39. LOAN SERVICING. All actions regarding the servicing of the loan evidenced by the
<br />Note, including the collection of payments, the giving and receipt of notice, inspections of the Property,
<br />inspections of books and records, and the granting of consents and approvals, may be taken by the Loan
<br />Servicer unless Borrower receives notice to the contrary. If Borrower receives conflicting notices
<br />regarding the identity of the Loan Servicer or any other subject, any such notice from Lender shall govern.
<br />40. DISCLOSURE OF INFORMATION. Lender may furnish information regarding Borrower
<br />or the Mortgaged Property to third parties with an existing or prospective interest in the servicing,
<br />enforcement, evaluation, performance, purchase or securitization of the Indebtedness, including but not
<br />limited to trustees, master servicers, special servicers, rating agencies, and organizations maintaining
<br />databases on the underwriting and performance of similar mortgage loans. Borrower irrevocably waives
<br />any and all rights it may have under applicable law to prohibit such disclosure, including but not limited to
<br />any right of privacy.
<br />41. NO CHANGE IN FACTS OR CIRCUMSTANCES. All information in the application for
<br />the loan submitted to Lender (the "Loan Application ") and in all financial statements, rent rolls, reports,
<br />certificates and other documents submitted in connection with the Loan Application are complete and
<br />accurate in all material respects. There has been no material adverse change in any fact or circumstance
<br />that would make any such information incomplete or inaccurate.
<br />42. SUBROGATION. If, and to the extent that, the proceeds of the loan evidenced by the
<br />Note are used to pay, satisfy or discharge any obligation of Borrower for the payment of money that is
<br />secured by a pre- existing mortgage, deed of trust or other lien encumbering the Mortgaged Property (a
<br />"Prior Lien "), such loan proceeds shall be deemed to have been advanced by Lender at Borrower's
<br />request, and Lender shall automatically, and without further action on its part, be subrogated to the rights,
<br />including lien priority, of the owner or holder of the obligation secured by the Prior Lien, whether or not the
<br />Prior Lien is released.
<br />43. ACCELERATION; REMEDIES. At any time during the existence of an Event of Default,
<br />Lender, at Lender's option, may declare the Indebtedness to be immediately due and payable without
<br />further demand, and may invoke the power of sale and any other remedies permitted by applicable law or
<br />provided in this Instrument or in any other Loan Document. Borrower acknowledges that the power of
<br />sale granted in this Instrument may be exercised by Lender without prior judicial hearing. Borrower has
<br />the right to bring an action to assert the non - existence of an Event of Default or any other defense of
<br />Borrower to acceleration and sale. Lender shall be entitled to collect all costs and expenses incurred in
<br />pursuing such remedies, including attorneys' fees, costs of documentary evidence, abstracts and title
<br />reports.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the
<br />Mortgaged Property is located and shall mail copies of such notice in the manner prescribed by
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