Loading...
HomeMy WebLinkAbout2750 ' ~ ~ ~ 36. Actions and Proceedin s. Mortgagee shall have the right to appear in and efen any action or proceedi~g brought with respect to the Mortgaged Property and *o bring any ~ action or proceeding, in the name and on behalf of Mortgagor. - # which Mortgagee, in its discretion, feels should be brought to protect its interest in the Mortgaged Property. ~ ; 37. Ina licable Provisions. If any term, covenant ' or condition of this Mortgage shall e held to be invalid, illegal or unenforceable in any respect, this Mortgage shall be construed without such provision. 38. Duplicate Originals. This Mortgage may be executed in any number of duplicate originals and each such ~ duplicate original shall be deemed to constitute but one and , the same instrument. 39. Certain Definitions. Unless the context clearly indicates a contrary intent or unless otherwise specifically provided herein, words used in this Mortgage shall be used interchangeably in singular or plural form and the.word "Mortgagor" shall mean "each Mortgagor and/or any subsequent owner or avners of the Mortgaged Property or any part thereof or interest therein", the word "Mortgagee" shaZl mean "Mortgagee or any subsequent holder of the 11ote", the word = "Note" shall mean "the Note or any other evidence of ' indebtedness secured by this Mortgage", the word "person" shall include an individual, corporation, partnership, trust, ~ unincorporated association, government, governmental authority, or other entity, the government, governmental authority, or other entity, the words "Mortgaged Property" shall include any ~ portion of the Mortgaged Property or interest~ therein, and the ~ word "Debt" shall mean all sums secured by this Mortgaqe. 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. ~ 40. Waiver of. Notice. Mortgagor shall not _be ~ ~ entitled to any notices of any nature whatsoever from Mortgagee } except with respect to matters for which this Mortgage ? ~ specifically and expressly provides for the giving of notice by ~ Mortgagee to Mortgagor, and Mortgagor hereby expressly waives the right to receive any nOtice from Mortgagee with respect to any matter for which this Mortgage does not~ specifically and ~ expressly provide for the giving of notice by Mortgaqee to ; Mortgagor. ` 41. No Oral Chan e. This Mortgage may not be ~ modified, amended, changed, ischarged or terminated orally, a but only by an agr~ement in writing signed by the party against ~ whom the enforcement of the modification, amendment, change, ~ discharge or termination is sought. : . : ~ 42. Loan Agreement. Prior to the recordation of an ~ assignment of this Mortgage by Mortgagee to +Crown Life - ~ Insurance Company, this Mortgage is subject to all of the ~ 3 ~ -15- ; ~ fi ~ ~ ~ ~ IiK ~ ~ z~~~ 3~2 P~~E 274fi ; , # ~ ~ ~ ~ `