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20100014"~ writing signed by the party against whom enforcement of any modification, amendment, waiver, extension, change, discharge or termination is sought. 43. Liabili If Borrower consists of mare than one person, the obligations and liabilities of each such person hereunder shall be joint and several. Subject to the provisions of paragraph 9(e) hereof, this Security Instrument shall be binding upon and inure to the benefit of Borrower and Lender and their respective successors and assigns forever. 44. Inapplicable Provisions. If any term, covenant or condition of the Note or this Security Instrument is held to be invalid, illegal or unenforceable in any respect, the Note and this Security Instrument shall be construed without such provision. 45. Headings, Etc. The headings and captions of various paragraphs of this Security Instrument are for convenience of reference only and are not to be construed as defining or limiting, in any way, the scope or intent of the provisions hereof. 46. Du licate Ori finals. This Security Instrument may be executed in any number of duplicate originals and each such duplicate original shall be deemed to be an original. 47. Definitions. Unless the context clearly indicates a contrary intent or unless otherwise specifically provided herein, words used in this Security Instrument may be used interchangeably in singular or plural form and the word "Borrower" shall mean "each Borrower and any subsequent owner or owners of the Mortgaged Property or any part thereof or any interest therein," the word "Lender" shall mean "Lender and any subsequent holder of the Note," the word "Note" shall mean "the Note and any other evidence of indebtedness secured by this Security Instrument," the word "person" shall include an individual, corporation, partnership, trust, unincorporated association, government, governmental authority, and any other entity, and the words "Mortgaged Property" shall include any portion of the Mortgaged Property and any interest therein. Whenever the context may require, any pronouns used herein shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns and pronouns shall include the plural and vice versa. 4$. Homestead. To the extent permissible under applicable law, Borrower hereby waives and renounces all homestead and exemption rights provided by the constitution and the laws of the United States and of any state, in and to the Mortgaged Property as against the collection of the Debt, ar any part hereof. 49. Assignments. Lender shall have the right to assign or transfer its rights under this Security Instrument without limitation. Any assignee or transferee shall be entitled to all the benefits afforded Lender. under this Security Instrument. 50. Intentionally Omitted. 51. Recourse Provisions. Subject to the qualifications below, Lender shall not be entitled to 'and shall not enforce the liability and obligation of Borrower (or its trustees or beneficial owners) to perform and observe the obligations contained in this Security Instrument, the Note or in any of the other Loan Documents by any action or proceeding wherein a -56-