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201305319
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Last modified
8/19/2014 2:23:28 PM
Creation date
7/2/2013 4:44:32 PM
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DEEDS
Inst Number
201305319
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25 <br />201305319 <br />foreign trust or foreign estate as those terms are defined in the Code and any regulations <br />promulgated thereunder). <br />(m) Reporting Compliance. Mortgagor agrees to comply with any and all reporting <br />requirements applicable to the transaction evidenced by the Notes and secured by this Mortgage <br />which are set forth in any Requirement of Law of any Governmental Authority, and further <br />agrees upon request of Administrative Agent to furnish Administrative Agent with evidence of <br />such compliance. <br />(n) Surface Leases. <br />(i) Default: Notice of Default. To the best of Mortgagor's knowledge, as of <br />the date hereof, the lessor under any Surface Lease is not in default in the performance of <br />any of its material obligations under such Surface Lease. As of the date hereof, <br />(A) Mortgagor is not in default in the performance of any of its obligations under any <br />Surface Lease, and (B) there are no circumstances which, alone or with the passage of <br />time or the giving of notice or both, would constitute an event of default thereunder. <br />Mortgagor will give Administrative Agent immediate notice of any notice of default or <br />cancellation given to or received by the Mortgagor under any Surface Lease, subject to <br />any applicable grace periods. Mortgagor will provide Administrative Agent with copies <br />of any such notices of default or other notices. <br />(ii) Lease Obligations and Rights. <br />(A) Each of the Surface Leases is and shall be maintained in full force <br />and effect, except to the extent that the failure to do so could not reasonably be <br />expected to result in a Material Adverse Effect or the termination of any Surface <br />Lease results from the expiration of the stated term thereof. Subject to any <br />applicable notice and cure periods in each Surface Lease, Mortgagor will <br />promptly and faithfully observe, perform and comply, or cause the observance, <br />performance and compliance with, all the material terms, covenants and <br />provisions of each Surface Lease, on its part to be observed, performed and <br />complied with, at the times set forth therein. Mortgagor will furnish to <br />Administrative Agent such information and evidence as Administrative Agent <br />may reasonably request concerning Mortgagor's due observance, performance <br />and compliance with the terms, covenants and provisions of any Surface Lease. <br />(B) There are, as of the date hereof, and will be, no defenses to <br />Mortgagor's enforcement of its rights under each Surface Lease that could <br />reasonably be expected to result in a Material Adverse Effect. Subject to any <br />applicable notice and cure periods in each Surface Lease, Mortgagor will enforce <br />the material obligations of the lessor under such Surface Lease, to the end that <br />Mortgagor may enjoy all of the material rights granted it under such Surface <br />Lease. <br />(iii) Lease Termination. Mortgagor covenants that it will not, without the prior <br />written consent of Administrative Agent, cancel, release, terminate or surrender such <br />
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