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37. Applicable Law. This Mortgage shall be t
governed by and construed in accordance with the laws of
the State of New York for agreements.made and to be
performed wholly within the State of New York, notwith-
standing that the Mortgaged Property is situated in the
State of Florida, except for the provisions set forth
in paragraph 24 regarding remedies available to Mortgagee,
which will be governed by and construed according to
the laws of the State of Florida. ~ .
38. Definitions.. Whenever used in this
Mortgage, unless the context clearly indicates a contrary
intent:
(a) The word "Mortgagor" shall mean-the
Berson or persons who execute this Mortgage and any sub-
sequent owner of the Mortgaged Property and his or their
respective heirs, executors, administrators, successors and
assigns;
(b) The word "Mortgagee" shall mean the
person specifically named herein as "Mortgagee" or any
subsequent holder of this Mortgage;
(c) The word "person" shall mean intl~ividual,
corporation, partnership. or unincorporated association;
(d) The use of any gender shall include all f
genders; g-
• (e) The singular number shall include the
plural and the plural the singular as the context may -
require;
(f) If Mortgagor be more than one person, all -
agreements, conditions, covenants, provisions, stipulations,
t powers of attorney, authorizations, waivers, releases,
~ options, undertakings, rights and benefits made or given
by Mortgagor shall be joint and several, and shall bind
and affect all persons who are defined as "Mortgagor" as fully
as though all of them were specifically named herein wherever
the word "Mortgagor" is used;
(g ) The word "Mortgage" shal l mean thi s
document, the Construction Loan Agreement and the Related
Documents of even date herewith, between the parties hereto. ~
39. Captions. The captions preceding the text
of the paragraphs or subparagraphs of this Mortgage are -
inserted only for the convenience of reference and shall not
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• - - 8~3~'8 P~~E1159