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a <br />010951 <br />and rights hereunder, and all rights, powers, -and remedies of th Mortgag ee shall1con-tinue as if no* such <br />proceeding has been taken. <br />13. Remedies, etc., Cumulative. I Each right, power and r6nedy of Mortgagee provided for in."tilis <br />Mortgage or hereafter existing at law, in equity, by statute or othe wise shall be cu ulative and concurrent <br />and shall be in add , ition to every other such right', power or rerl edy. Th e� exercipe or beginning,of the <br />exercise of any one or more of such rights, powers or remedie's shall hot predude the simultaneous <br />or later exercise oi any or all such 'other rights,' power or ren�eclies. <br />14. No Waiver, etc., by Mortgagee. No waiver of any b�'e i Och 'shall ;affect or alter this Mo.rtgage, <br />any Note or the Loan Agreement, which shall continue in ful force and effeilt with respect.' any <br />io <br />other then existing.or subsequent breach. No failure by Mortg'HE!e or any holde <br />of any Note t nsist <br />upon the strict per ! Tormance of any term hereof or thereof orltl� exercise r any ri ht, power or r;emedy <br />consequent upon a%breach hereof or thereof, shall constitute allvvaive'r of 'any such term or of any such <br />breach. <br />15. Terms SUbjeCt to Applicable Law, Action by Mortgage etc. All, rights; powers and remedies <br />provided herein rnliy be exercised only to tile extent that the exercise �hereof does not violate any <br />applicable provision of law, and are intended to -be limited to 'he extent neces ry so that th y will <br />not render this Mo�4gaga invalid, illegal, unenforceable or not eriftled to be recoked, registered cir filed <br />under the provisions of any applicable law. If any term of t 'is' Mortgag6rshall )e field to be invalid, <br />illega or unenforceable, the validity of lother terms of this Mortga.le shall in! no wat be affected thereby. <br />16. Additional Security. Without notice to or consent of! ort6agor,. and vithout impairment of <br />the lien and rights Preated by this Mortgage, Mortgagee may ac,ccpt fr,om Mortgaror, or from any other <br />person or persons, ',,additional S-IUIILY for the Notes at the time [utstandihg. Nei her tile giving bf this <br />Mortgage nor the acceptance of any Sluch additional security :�d , lall preveht Mor gagee from resorting, <br />first, to such additi6nal security, or, first, to the security createcl� Y this M6rtgage, in either case i th' <br />affecting Mortgaged.'s lien and rights Under this I'Mortgage. i <br />i7. Further Assurances. MortgagcIr at its expense will ex6cite,'�acknowlecIg and . deliver al'I s6ch <br />instruments, including without limitation, financing state mentsJ aid take all othe action as Mortgagee <br />or the holders of at. least seventy percen' t (70%) in principal amo I u of the Notes al the time out's . tanding <br />it <br />may from time to time request for the purpose of further assd ng to Mortgage the properties and <br />ri <br />rights now or hereafter subjected to ille lien hereof or intencleY so to be. <br />18. Defeasance and Release, etc. lif Mortgagor shall pay or Luse to be paid the principal 'of and <br />interest on the Notes, in accordance with the terms thereof and �f the Loiin Agrement, all other su'ms <br />secured hereby and all other amounts! payable hereunder by Mo 'tgagor and shall comply with 611, the <br />terms, conditions and requirements hereof and of the Notes and the Loan A&eemer t, then, this Mortgage <br />shall be null and void and of no f9rt i her force and effect and shall, be released by Mortgagee upon I <br />the written request and at the expense of Mortgagor. Upon the I release of this Mortgage, Mort I ga . gee, <br />on the written request and at the expense of the Mortgagor" vill 'execu e and deliver such proper <br />instruments of relea'se and satisfaction� as may reasonably be r'e c I uested to evidence such release', and <br />any such instrumerit, when duly exec6ted by Mortgagee and duly recorded in -the places where 'this <br />Mortgage is recorded, shall conclusively evidence 'the release of 1his :,Mortgage. <br />19. Obligatio s' of Mortgagor Under Prior Mortgages This M <br />ortgage is subje and subordinate to <br />the tights of the mortgagee under the prior mortgages clescribecl� herein copies of which have been <br />furnished to Mortgagee, and Mortgagor hereby covenants to prom ly�pay the int- rest and install ments <br />.10- <br />