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HomeMy WebLinkAbout2730 36. Actions and Proceedin s. Mottgagee shall have the right to appear n an e en any action or ~roceeding brought with respect to the Mortgaged property and to bring any action or proceedfng, in the name and on behalf of htortgagor, which Mortgagee, in Its discretion, feels should be brouyt~t to protect its ~nterest in the Mortgaged Property. - 37. Ina licable Provfsions. If any term, covenant or condition of t s Mortgage s all~e held to be inval id, illegal or unenforceable in any respect, this Mortgage shall bP construed without such provis~on. 38. Du 1 icate Or i inals. Th is Mortgage may be executed in any num er o up cate or iq inals and each s~uch duplicate original shall be deemed ko constit!ite Fzut. one an~ the same instrument. 39. Certain Definitions. C~nless the context clearly . indicates a contrary ntent or un ess otherwise specifically provided herein, words used in this Mortgage st~all be used interchangeably in sinqular or plural form and th~ word "Mortqaqor" shall.mean "each Mortgagor and/or any subseguent owner or owners of the Mortgaged Property or any part thereof or interest therein", the word "Mortgagee" shall mean "Mortgagee or any subsequent holder of.the Note", thE ~ord "Note" shall mean "the tdote or any other evidence of indebtedness secured by this Mortgage", the word "persor~" sh.~ll include an individual, corporat.ion, partnership, trust, unincorporated association, government, governmental authority, or other entity, the government, governmental authority, or other entity, the words "Mortgaged Prvperty" shall include any port ion of the Mortgaged Property or interest there in, and t:~e word "Debt" shall mean all sums secured by this ~iortgage. Whenever the context may require, any pronouns used herein ~ shall include the corresponding masculine, Eeminine or ne~.:t~r ~ forms, and tne sin~ular form of nouns and prono~~ns sr~all ! include the plural and vice versa. ~ 90. ~laiver of hlotice. Mortgagor shall not t~e ~ ent itled to any not ices o any nature 'whatsoever Lrom Mor t~_~•- ~ except with respect to matters for which this Mortgage spec i f ical ly and expr essly prov ides fo r the g iv ing of not ice 'r;l Mortgagee to Mortgagor, and Fiortgagor hereby expressly wa ives the right to re~eive any notice from Mortgaqee with respect t-~ any ~;atter for wh ich this Mortgage does not sp~cif ical ly arc) expressly provic~e for the giving of noticP by ~tortqaq?e to *;ortgayor. 41. No Oral Chan e. This hfortgage may not be .~edified, amende , changed, discharged or terminated ~*ally, ~ut only by ~n agreement in writing signed by tl-ie party again;~ s~hem the Enforcement of the modif icat ion, a;renc3~Ar:~ , cr:a-:~~, ~ischarge or terr~ination is souqht. ~ a ~ 42. Loan Agreement. Prior to the recordati~r. of a~ ~ ass ignment of th is Mortgage by Mortgagee to Crawn L.ifp ~ Ins~rance Con;pany, this r,ortgage is subject to all ~f t;e ~ - ~ ~ -15- ~ . ' . _`x3~2 ~7'2~ ~ ~ ~ L ! 1