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X01000151 <br />shall survive any termination, satisfaction or foreclosure of this Security <br />Instrument. <br />38. Waiver of Notice. Borrower shall not be entitled to any notices of any nature whatsoever <br />from Lender except with respect to matters for which this Security Instrument <br />specifically and expressly provides for the giving of notice by Lender to Borrower and <br />except with respect to matters for which Lender is required by applicable law to give <br />notice, and Borrower hereby expressly waives the right to receive any notice from Lender <br />with respect to any matter for which this Security Instrument does not specifically and <br />expressly provide for the giving of notice by Lender to Borrower. <br />39. Remedies of Borrower. In the event that a claim or adjudication is made that Lender has <br />acted unreasonably or unreasonably delayed acting in any case where by law or under the <br />Note, this Security Instrument or the other Loan Documents, it has an obligation to act <br />reasonably or promptly, Lender shall not be liable for any monetary damages, and <br />Borrower's remedies shall be limited to injunctive relief or declaratory judgment. <br />40. Discretion of Lender. Wherever pursuant to this Security Instrument, Lender exercises <br />any right given to it to approve or disapprave, or any arrangement or term is to be <br />satisfactory to Lender, the decision of Lender to approve or disapprove or to decide that <br />arrangements or terms are satisfactory or not satisfactory shall be in the sole good faith <br />discretion of Lender, unless this Security Instrument provides expressly to the contrary. <br />41. Non-Waiver. The failure of Lender to insist upon strict performance of any term hereof <br />shall not be deemed to be a waiver of any term of this Security Instrument. Borrower <br />shall not be relieved of Borrower's obligations hereunder by reason of (a) the failure of <br />Lender to comply with any request of Borrower, or Guarantor to take any action to <br />fareclose this Security Instrument or otherwise enforce any of the provisions hereof or of <br />the Note or the other Loan Documents; (b) the release, regardless of consideration, of the <br />whole or any part of the Mortgaged Property, or of any person liable for the Debt or any <br />portion thereof; or (c) any agreement or stipulation by Lender extending the time of <br />payment or otherwise modifying or supplementing the terms of the Note, this Security <br />Instrument or the other Loan Documents. Lender may resort for the payment of the Debt <br />to any other security held by Lender in such order and manner as Lender, in its discretion, <br />may elect. Subject to paragraph 51 hereof, Lender may take action to recover the Debt, <br />or any portion thereof, or to enforce any covenant hereof without prejudice to the right of <br />Lender thereafter to foreclose this Security Instrument. The rights and remedies of <br />Lender under this Security Instrument shall be separate, distinct and cumulative and none <br />shall be given effect to the exclusion of the others. No act of Lender shall be construed <br />as an election to proceed under any one provision herein to the exclusion of any other <br />provision. Lender shall not be limited exclusively to the rights and remedies herein <br />stated but shall be entitled to every right and remedy now or hereafter afforded at law or <br />in equity. <br />42. No Oral Chan e. This Security Instrument, and any provisions hereof, may not be <br />modified, amended, waived, extended, changed, discharged ar terminated orally or by <br />any act or failure to act on the part of Borrower or Lender, but only by an agreement in <br />-55- <br />15445229.4.SUSIN6SS <br />