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201305319
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8/19/2014 2:23:28 PM
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7/2/2013 4:44:32 PM
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201305319
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17 <br />201305319 <br />Section 1.11. Montana Future Advances. Notwithstanding any provision hereof to the <br />contrary, the aggregate unpaid principal amount of the secured indebtedness outstanding at any <br />particular time (after having given effect to all advances and all repayments made prior to such <br />time) which is secured by Property located in Montana shall not in the aggregate exceed One <br />Billion Five Hundred Million Dollars ($1,500,000,000). Such amount does not in any way imply <br />that Administrative Agent or Secured Parties are obligated to make any future advances to <br />Borrower at any time unless specifically so provided in the Credit Agreement or any of the other <br />Loan Documents. <br />Section 1.12. Nebraska Maximum Amount. The total principal amount, exclusive of <br />interest, of the secured indebtedness, including any future debts, advances, liabilities or <br />obligations (not including, however, any sums advanced for the protection of the Property) <br />which is secured by Property located in Nebraska shall not exceed One Billion Five Hundred <br />Million Dollars ($1,500,000,000). Such amount does not in any way imply that Administrative <br />Agent or Lenders are obligated to make any future advances to Borrower at any time unless <br />specifically so provided in the Credit Agreement or any of the other Loan Documents. <br />Section 1.13. Nevada Future Advances. This Mortgage secures future advances and, to <br />the extent of the Property located in Nevada is governed by the provisions of Nev. Rev. Stat. <br />106.300 -.400. The maximum amount of principal to be secured by this Mortgage which is <br />secured by Property located in Nevada is $1,000,000,000.00. <br />Section 1.14. New Mexico Maximum Secured Amount. THE MAXIMUM AMOUNT <br />SECURED BY THE LIEN OF THIS MORTGAGE WHICH IS SECURED BY PROPERTY <br />LOCATED IN NEW MEXICO IS TWICE THE FACE AMOUNT OF THE NOTES. The <br />maximum amount secured by the lien of this Mortgage shall not in any way imply that <br />Administrative Agent is obligated to make any future advances to Mortgagor at any time unless <br />specifically so provided in the Loan Documents. The maximum amount secured by the lien of <br />this Mortgage may be advanced and repaid and again advanced from time to time, as provided in <br />the Loan Documents. <br />Section 1.15. Ohio Open End Mortgage. It is contemplated and acknowledged that this <br />is an open end mortgage, and that the secured indebtedness may include revolving credit loans <br />and advances from time to time, and that this Mortgage shall have effect, as of the date hereof, to <br />secure all secured indebtedness, regardless of whether any amounts are advanced on the date <br />hereof or on a later date or, whether having been advanced, are later repaid in part or in whole <br />and further advances made at a later date. <br />Section 1.16. Ohio Maximum Amount. This Mortgage is an Open End Mortgage <br />granted pursuant to Ohio Law and in accordance with Ohio Revised Code Section 5301.232. The <br />maximum value of the unpaid balances of such credit loans and advances that, in the aggregate, <br />exclusive of interest, may be outstanding at any time, which is secured by Property located in <br />Ohio, is One Billion Dollars ($1,000,000,000), plus any additional loan advances made by <br />Administrative Agent or the Secured Parties to protect the Mortgaged Properties, including, but <br />not limited to, advances to pay taxes, assessments, insurance premiums, and all other amounts <br />that Mortgagor has in this Mortgage agreed to pay for the protection of the Mortgaged <br />Properties. <br />
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