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86-- 101.845 3.12. No Merger. It being the desire and intention of the parties ereto that this Mortgage and the lien hereof do not merge in fee simple title to the Premises, it is hereby understood and agreed that should the Trustees, the Agent or any one or more of the Lenders acquire an additional or other interests in or to the Premises or the ownership thereof, then, unless a contrary intent is manifested by such acquiring party as evidenced by an express statement to that effect in an appropriate document duly recorded, this Mortgage and the lien hereof shall not Merge in the fee simple title, toward the end that this Mortgage may be foreclosed as if owned by a stranger to the fee simple title. 3.13. No Joint Venture or Partnership. The Mortgagor and the Trustees, the Agent and the Lenders acknowledge and agree that in no event shall any one or more of the Trustees, the Agent or the Lenders be deemed to be a partner or joint venturer with the Mortgagor. Without limitation of the foregoing, the Trustees, the Agent and the Lenders shall not be deemed to be such a partner or joint venturer on account of any one of them becoming a mortgagee in possession or exercising any rights pursuant to this Mortgage or pursuant to any other instrument or document evidencing or securing any of the Liabilities secured hereby, or otherwise. 3.14. Successor Trustees. Any Trustee may resign in writing addressed to the Agent or may be removed at any time with or without cause by an instrument in writing duly executed by the Agent. In case of the death., resignation or removal of a Trustee, a successor Trustee may be appointed by the Agent by instrument of substitution complying with any applicable requirements of law, and in the absence of any such requirement without formality other than appointment and designation in writing. Such appointment and designation shall be full evidence of the right and authority to make the same and of all facts therein recited, and upon the making of any such appointment and designation this conveyance shall vest in the named successor Trustee all the estate and title of the prior Trustee in all of the Collateral and he shall thereupon succeed to all the rights, powers, privileges, immunities and duties hereby conferred upon the prior Trustee. All references herein to the Trustees shall be deemed to refer to the Trustees from time to time acting hereunder. 3.15. Defense of Claims. The Mortgagor will notify the Trustees and the Agent, in writing, promptly of the commencement of any legal proceedings to which they are a -34- U