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<br />Mortgagee or (b) addressed to tne street address of tne <br />Premises hereby mortgaged. <br /> <br />Any indulgence or departure at any time by the Mortgagee <br />from any of the provisions hereof. or of any obligation hereby <br />secured. snaIl not modify the s~me or relate to the future or <br />waive future compliance therewith by the Mortgagor. <br /> <br />Mortgagor will defend. at its own cost and expense. and <br />indemnify and hold Mortgagee harmless from. any action. <br />proceeding or claim affecting tne Premises. the note or any <br />other instrument securing payment of the Secured <br />Indebtedness. Costs and expenses will include all reasonable <br />attorneys' fees. <br /> <br />Without affecting the liability of Mortgagor or ~ny other <br />person (except any person expreesly released in writing) for <br />payment of any indebtedness secured hereby or for performance <br />of any Obligation contained herein. and without affectinq the <br />rights of Mortgagee with respect to any security not expressly <br />released in writing. Mortgagee ~ay. at any time and from time <br />to time. either before or after the maturity of the note. and <br />without notice or consent: (a) release any person liable for <br />payment of all or any part of tne indebtedness or for <br />performance of any Obligation; (b) make any agreement <br />extending the time or otherwise altering the terms of payment <br />of all or any part of the indebtedness. or mOdifying or <br />waiving any Obligation. or SUbordinating. mOdifying or <br />otherwise dealing with the lien or charge hereof; (c) exercise <br />or refrain from exercising or waive any right Mortgagee may <br />have; (d) acce-p.tadditional security of any kind; 'or (e) <br />release or otherwise deal with any property. real or personal. <br />securing the indebtedness. including all or any part of the <br />property mortgaged hereby. <br /> <br />Mortgagee shall be subrogated to the lien of any and all <br />prior encumbrances. liens or charges paid and discharged from <br />the proceedS of the note hereby secured. and even though such <br />prior liens have been released of , record. the repayment of the <br />note shall be secured by such liens on the portions of the <br />Premises affected thereby to the extent of such payments. <br />respectively. <br /> <br />In the event that there is any conflict between the <br />covenants and the conditions of this mortgage and the terms <br />and conditions of the Agreement. then the Agreement shall <br />control to the extent of any conflict. <br /> <br />If any provision of this mortgage. Construction Loan <br />Agreement. or any other instrument securing this loan. or the <br />application thereof shall. for any reason and to any extent. <br />be invalid or unenforceable. neither the remainder of the <br />instrument in which such provision is contained. nor the <br /> <br />-10- <br />