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HomeMy WebLinkAbout2359 . ~ , ARTICL~ XXII 22. Remedies, etc., Cumulative. Each legal, equitable or contractual right, power and remedy of the Trustees and any trustee under an Zndividual Mortgage no~c or hereafter provided herein, or in the Individual *lortgages. or by statute or otherwise shall be cumulative and concurrent and shall be in addition to every other right, power and remedy and the exercise or beginning of the exercise by the Trustees or such trustee or any of them, of any one or more of such rights, powers and remedies shall not preclude the simultaneous or later exercise of any or all such other rights, powers and remedies. . ARTICLE XXIII ~ ; 23. Terms Sub'ect to A licable Law; Se arabilit_. ~ ~ All rights, powers an remedies provide herein or in the ; Individual Mortgages may be exercised only to the extent that . ` the exercise thereof does not violate any applicable law, and G are intended to be limited to the extent necessary so that ~ ' they will not render this Indenture or the Individual Mortgages ° invalid, unenforceable or not entitled to be recorded, regis- ` tered or f iled under any applicable law. If any term of this ' ~ ~ Indenture or the Individual Mortgages shall be held to be invalid, illegal or unenforceable, the validity of the other ~ terms hereof or thereof shall in no way be affected thereby. ~ This Indenture and the powers and duties conferred or inoosed ~ ~ upon the Trustees hereuhder are subject to the provisions of ~ Article 4-A of the New York Real Property Law to the ex- . ~ tent that such provisions are applicable to those of the ; ~ Properties located in the State of New York. ` ~ _ ~ ~ ~ ~ ARTICLE XXIV ~ ~ 24. No Yraiver, etc. No failure by the Trustees ' ~i to insist upon the strict performance of any term hereof or 3 of the Individual :+Sortgages or to exercise any right, power or remedy consequent upon a breach hereof or thereof, shall ~ constitute a waiver of any such term or of any such breach. = No waiver of any breach shall affect or alter this Indenture or the Individual Mortgages which shall continue in full force =3 and effect with respect to any other then existing or subsequent ; - . breach. ~ . = 34 ~x ~ ~ 840lc~ ~ ~.~!`7 . - _ _ _ _ - . ~ . _ _ ~ ~