MISCELLANEOUS PROVISIONS
3.01 Prior Liens.
Mortgagor shall keep the Premises fkee &om all prior liens (except for those consented to by Mortgagee).
3.02 Notice, Demand and Request.
Every provision for notice and demand or request shall be deemed fulfilled by written notice and demand or request
delivered in accordance with the provisions of the Note relating to notice.
3.03 Meaning of Words.
The words “Mortgagor“ and “Mortgagee” whenever used herein shall include all individuals, corporations (and if a
corporation, its officers, employees or agents), trusts and any and all other persons or entities, and the respective
heirs, executors, administrators, legal representatives, successors and assigns of the patties hereto, and all those
holding under either of them. The pronouns used herein shall include, when appropriate, either gender and both sin-
gular and plural. The word ‘‘Note’’ shall also include one or more notes and the grammatical construction of sen-
tences shall conform thereto.
3.04 Severability.
If any provision of this Mortgage or any other Loan Document or the application thereof shall, for any reason and to
any extent, be invalid or unenforceable, neither the remainder of the instrument in which such provision is con-
tained, nor the application of the provision to other persons, entities or circumstances, nor any other instrument
referred to hereinabove shall be affected thereby, but instead shall be enforced to the maximum extent permitted by
law.
3.05 Goveming Law.
The terms and provisions of this Mortgage are to be governed by the laws of the State of
:No payment of interest or in the nature of interest for any debt secured in part by this
Mortgage shall exceed the maximum amount permitted by law. Any payment in excess of the maximum amount
shall be applied or disbursed as provided in the Note in regard to such amounts which are paid by the Mortgagor or
received by the Mortgagee.
3.06 Descriptive Headings.
The descriptive headings used herein are for convenience or reference only, and they are not intended to have any
effect whatsoever in determining the rights or obligations of the Mortgagor or Mortgagee and they shall not be used
in the interpretation or construction hereof.
3.07 Attomey’s Fees.
As used in this Mortgage, attorneys’ fees shall include, but not be limited to, fees incurred in all matters of collec-
tion and enforcement, construction and interpretation, before, during and after suit, mal, proceedings and appeals.
Attorneys’ fees shall also include hourly charges for paralegals, law clerks and other staff members operating under
the supervision of an attomey.
3.08 Exculpation.
Notwithstanding anything contained herein to the contrary, the Note which this Mortgage secures is a non-recourse
Note and such Note shall be enforced against Mortgagor only to the extent of Mortgagor’s interest in the Premises
as described herein and to the extent of Mortgagor’s interest in any personalty as may be described herein.
IN WITNESS WHEREOF, the Mortgagor has caused this insbument to be duly executed as of the day and year
fmt above written .
Witnesses
~~
Mortgagofis)
STATE OF: COUNTY OF:
THE FOREGOING instrument was acknowledged before me this day of , 19-, by
My Commission Expires:
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