Common use of Statutory Construction Clause in Contracts

Statutory Construction. The clauses and covenants contained in this Instrument that are construed by Section 254 of the New York Real Property Law shall be construed as provided in those sections (except as provided in Section 3.07(e)). The additional clauses and covenants contained in this Instrument shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e)), notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender arising under the clauses and covenants contained in this Instrument shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this Instrument, the provisions of this Instrument shall prevail.

Statutory Construction. The clauses and covenants contained in this Instrument Mortgage that are construed by Section 254 of the New York Real Property Law shall be construed as provided in those sections (except as provided in Section 3.07(e)6.4). The additional clauses and covenants contained in this Instrument Mortgage shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e)6.4), notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender Mortgagee arising under the clauses and covenants contained in this Instrument Mortgage shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender Mortgagee shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this InstrumentMortgage, the provisions of this Instrument Mortgage shall prevail.

Statutory Construction. The clauses and covenants contained in this Instrument Mortgage that are construed by Section 254 of the New York Real Property Law shall be construed as provided in those sections (except as otherwise provided in Section 3.07(e)herein). The additional clauses and covenants contained in this Instrument Mortgage shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as otherwise provided in Section 3.07(e)herein), notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender Mortgagee arising under the clauses and covenants contained in this Instrument Mortgage shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender Mortgagee shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this InstrumentMortgage, the provisions of this Instrument Mortgage shall prevail.

Statutory Construction. The clauses and covenants contained in this Security Instrument that are construed by Section 254 of the New York Real Property Law shall be construed as provided in those sections (except as provided in Section 3.07(e)23.3). The additional clauses and covenants contained in this Security Instrument shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e)23.3), notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender arising under the clauses and covenants contained in this Security Instrument shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this Security Instrument, the provisions of this Security Instrument shall prevail.

Statutory Construction. The clauses and covenants contained in this Instrument Mortgage that are construed by Section 254 of the New York Real Property Law shall be construed as provided in those sections (except as provided in Section 3.07(e)56(b). The additional clauses and covenants contained in this Instrument Mortgage shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e)56(b), notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender Mortgagee arising under the clauses and covenants contained in this Instrument Mortgage shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender Mortgagee or any of the Lenders shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this InstrumentMortgage, the provisions of this Instrument Mortgage shall prevail.

Statutory Construction. The clauses and covenants contained in this Instrument Mortgage that are construed by Section 254 of the New York Real Property Law shall be construed as provided in those sections (except as provided in Section 3.07(e53(b)). The additional clauses and covenants contained in this Instrument Mortgage shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter alter, or defeat such rights (except as provided in Section 3.07(e53(b)), notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender Mortgagee arising under the clauses and covenants contained in this Instrument Mortgage shall be separate, distinct distinct, and cumulative and none of them shall be in exclusion of the others. No act of Lender Mortgagee or any of the Lenders shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this InstrumentMortgage, the provisions of this Instrument Mortgage shall prevail.

Statutory Construction. The clauses and covenants contained in this Security Instrument that are construed by Section 254 of the New York Real Property Law shall be construed as provided in those sections (except as provided in Section 3.07(e)22.3). The additional clauses and covenants contained in this Security Instrument shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e)22.3), notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender arising under the clauses and covenants contained in this Security Instrument shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this Security Instrument, the provisions of this Security Instrument shall prevail.

Statutory Construction. The clauses and covenants contained in this Security Instrument that are construed by Section 254 of the New York Real Property Law shall be construed as provided in those sections (except as provided in Section 3.07(e)20.4). The additional clauses and covenants contained in this Security Instrument shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e)20.4), notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender arising under the clauses and covenants contained in this Security Instrument shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this Security Instrument, the provisions of this Security Instrument shall prevail.

Statutory Construction. All rights and remedies conferred upon a mortgagee pursuant to those sections of the New York Real Property Law which construe mortgages containing specific statutory language, including Section 254 thereof, are intended to be conferred upon Agent and Lenders, in addition to, and not in limitation of, all other rights and remedies of Agent and Lenders hereunder, at law or in equity. The clauses and covenants contained in this Instrument Mortgage that are construed by Section 254 of the New York Real Property Law shall be construed as provided in those sections (except as provided in Section 3.07(e)8.5 hereof). The additional clauses and covenants contained in this Instrument Mortgage shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e)8.5 hereof), notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender arising under the clauses and covenants contained in this Instrument shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this InstrumentMortgage, the provisions of this Instrument Mortgage shall prevail.

Statutory Construction. The clauses and covenants contained in this Instrument that are construed by Section 254 of the New York Real Property Law shall be construed as provided in those sections paragraphs (except as provided in Section 3.07(e)paragraph 40.4). The additional clauses and covenants contained in this Instrument shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e)paragraph 40.4), notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender arising under the clauses and covenants contained in this Instrument shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this Instrument, the provisions of this Instrument shall prevail.

Statutory Construction. The clauses and covenants contained in provisions of this Instrument Mortgage that are construed by Section 254 of the New York Real Property Law of the State of New York shall be construed as provided in those sections (such Section 254, except as provided in Section 3.07(e))10.6 below. The additional clauses and covenants provisions contained in this Instrument Mortgage shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by such Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e)10.6 below), notwithstanding that such additional clauses and covenants provisions may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants provisions construed by Section 254. The rights of Lender Mortgagee arising under the clauses and covenants contained in provisions of this Instrument Mortgage shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender Mortgagee shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 this Mortgage and the provisions of this Instrumentsuch Section 254, the provisions of this Instrument Mortgage shall prevail.

Statutory Construction. The clauses and covenants contained in this Instrument Mortgage that are construed by Section 254 of the New York Real Property Law shall be construed as provided in those sections (except as provided in Section 3.07(e56(b)). The additional clauses and covenants contained in this Instrument Mortgage shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter alter, or defeat such rights (except as provided in Section 3.07(e56(b)), notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender Mortgagee arising under the clauses and covenants contained in this Instrument Mortgage shall be separate, distinct distinct, and cumulative and none of them shall be in exclusion of the others. No act of Lender Mortgagee or any of the Lenders shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this InstrumentMortgage, the provisions of this Instrument Mortgage shall prevail.

Statutory Construction. The clauses and covenants contained in this Instrument Mortgage that are construed by Section 254 of the New York Real Property Law shall be construed as provided in those sections (except as provided in Section 3.07(e)6.4). The additional clauses and covenants contained in this Instrument Mortgage shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e)6.4), notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender Mortgagee arising under the clauses and covenants contained in this Instrument Mortgage shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender Mortgagee shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this InstrumentMortgage, the provisions of this Instrument Mortgage shall prevail.. Exh. G-1-22

Statutory Construction. The clauses and covenants contained in this Instrument Mortgage that are construed by Section 254 of the New York Real Property Law of New York shall be construed as provided in those sections (except as provided in Section 3.07(e))sections. The additional clauses and covenants contained in this Instrument Mortgage shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e))rights, notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender the Bank arising under the clauses and covenants contained in this Instrument Mortgage shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender Bank shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this InstrumentMortgage, the provisions of this Instrument Mortgage shall prevail.

Statutory Construction. The clauses and covenants ----------------------- contained in this Security Instrument that are construed by Section 254 of the New York Real Property Law shall be construed as provided in those sections (except as provided in Section 3.07(e)24.3). The additional clauses and covenants contained in this Security Instrument shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e)24.3), notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender arising under the clauses and covenants contained in this Security Instrument shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this Security Instrument, the provisions of this Security Instrument shall prevail.

Statutory Construction. All rights and remedies conferred upon Lender pursuant to those sections of the Real Property Law of the State of New York (the “RPL”) which construe mortgages containing specific statutory language, including Section 254 thereof, are intended to be conferred upon Lender, in addition to, and not in limitation of, all other rights and remedies of Lender hereunder, at law or in equity. The clauses and covenants contained in this Instrument Mortgage that are construed by Section 254 of the New York Real Property Law RPL shall be construed as provided in those sections (except as provided in Section 3.07(e)8.4(b) hereof). The additional clauses and covenants contained in this Instrument Mortgage shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e)8.4(b) hereof), notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender arising under the clauses and covenants contained in this Instrument shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this InstrumentMortgage, the provisions of this Instrument Mortgage shall prevail.

Statutory Construction. The clauses and covenants contained in this Security Instrument that are construed by Section 254 (except as provided in Section 17.4 hereof) of the New York Real Property Law shall be construed as provided in those sections (except as provided in Section 3.07(e))254. The additional clauses and covenants contained in this Security Instrument shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e)17.4 hereof), notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender arising under the clauses and covenants contained in this Security Instrument shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this Security Instrument, the provisions of this the Security Instrument shall prevail.

Statutory Construction. The clauses and covenants contained provisions of this Mortgage shall be in this Instrument that are construed by addition to the provisions set forth in Section 254 of the New York Real Property Law shall be construed as provided in those sections (except as provided in Section 3.07(e)). The additional clauses of New York, and covenants the provisions contained in this Instrument Mortgage, the Indenture and the other Security Documents shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by provisions set forth in said Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e)8.4 above), notwithstanding that such additional clauses and covenants provisions may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by provisions set forth in said Section 254. The rights of Lender Mortgagee arising under the clauses and covenants provisions contained in this Instrument Mortgage, the Indenture and the other Security Documents shall be separate, distinct and cumulative cumulative, and none of them shall be in exclusion of the others. No act of Lender Mortgagee shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In Except as provided in Section 8.4 above, in the event of any inconsistencies conflict between the provisions of Section 254 of the New York Real Property Law and the provisions of this InstrumentMortgage, the Indenture and the other Security Documents, the provisions of this Instrument affording Mortgagee greater rights or protection shall prevail.

Statutory Construction. The clauses and covenants contained in this Instrument Mortgage that are construed by Section 254 of the New York Real Property Law shall be construed as provided in those sections (except as provided in Section 3.07(e))254. The additional clauses and covenants contained in this Instrument Mortgage shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e))rights, notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender Mortgagee arising under the clauses and covenants contained in this Instrument Mortgage shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender Mortgagee shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this InstrumentMortgage, the provisions of this Instrument Mortgage shall prevail.

Statutory Construction. The clauses and covenants contained in this Instrument that are construed by Section 254 of the New York Real Property Law shall be construed as provided in those sections (except as provided in Section 3.07(e)). The additional clauses and covenants contained in this Instrument shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e)), notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender arising under the clauses and covenants contained in this Instrument shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this Instrument, the provisions of this Instrument shall prevail.. Prudential Loan No. 7061xxxxx ▇▇▇▇ Building Supplemental Loan Mortgage and Security Agreement

Statutory Construction. The clauses and covenants contained in this Security Instrument that are construed by Section 254 of the New York Real Property Law shall be construed as provided in those sections (except as provided in Section 3.07(e))254. The additional clauses and covenants contained in this Security Instrument shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e))rights, notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender arising under the clauses and covenants contained in this Security Instrument shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this Security Instrument, the provisions of this the Security Instrument shall prevail.

Statutory Construction. The clauses and covenants contained in this Instrument Mortgage that are construed by Section 254 of the New York Real Property Law shall be construed as provided in those sections (except as provided in Section 3.07(e)14.4). The additional clauses and covenants contained in this Instrument Mortgage shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e)14.4), notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender Mortgagee arising under the clauses and covenants contained in this Instrument Mortgage shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender Mortgagee shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this InstrumentMortgage, the provisions of this Instrument Mortgage shall prevail.

Statutory Construction. The clauses and covenants contained in this Security Instrument that are construed by Section 254 of the New York Real Property Law shall be construed as provided in those sections (except as provided provide in Section 3.07(e))254. The additional clauses and covenants contained in this Security Instrument shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e))rights, notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender arising under the clauses and covenants contained in this Security Instrument shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this Security Instrument, the provisions of this Security Instrument shall prevail.

Statutory Construction. The clauses and covenants contained in this Instrument Mortgage that are construed by Section 254 of the New York Real Property Law shall be construed as provided in those sections (except as provided in Section 3.07(e56(b)). The additional clauses and covenants contained in this Instrument Mortgage shall afford rights supplemental to and not exclusive of the rights conferred by the clauses and covenants construed by Section 254 and shall not impair, modify, alter or defeat such rights (except as provided in Section 3.07(e56(b)), notwithstanding that such additional clauses and covenants may relate to the same subject matter or provide for different or additional rights in the same or similar contingencies as the clauses and covenants construed by Section 254. The rights of Lender Mortgagee arising under the clauses and covenants contained in this Instrument Mortgage shall be separate, distinct and cumulative and none of them shall be in exclusion of the others. No act of Lender Mortgagee or any of the Lenders shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In the event of any inconsistencies between the provisions of Section 254 and the provisions of this InstrumentMortgage, the provisions of this Instrument Mortgage shall prevail.