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201305319 RESULTING FROM ANY ACT OR OMISSION OF ADMINISTRATIVE AGENT (INCLUDING ADMINISTRATIVE AGENT'S OWN NEGLIGENCE) IN MANAGING THE PROPERTY UNLESS SUCH LOSS IS CAUSED BY THE WILLFUL MISCONDUCT, GROSS NEGLIGENCE OR BAD FAITH OF ADMINISTRATIVE AGENT, nor shall Administrative Agent be obligated to perform or discharge any obligation, duty or liability of Mortgagor arising under any agreement forming a part of the Property or arising under any Lien permitted under Section 7.3 of the Credit Agreement or otherwise arising. Mortgagor hereby assents to, ratifies and confirms any and all actions of Administrative Agent with respect to the Property taken under this Section 4.2. In addition to the remedies set forth above, Administrative Agent is authorized to enter upon and take possession of any portion of the Property consisting of a leasehold estate or leased premises, and to exercise, without interference from Mortgagor, any and all rights with respect to the leased premises that Administrative Agent has with respect to the Property under this Section, including the right to remedy any default under said Lease and to exercise any other rights it or Mortgagor has under said Lease Agreement as amended Section 4.3. Foreclosure. (a) Upon the occurrence of a default, Trustee is authorized and empowered and it shall be Trustee's special duty at the request of Administrative Agent to sell the Deed of Trust Mortgaged Properties, or any part thereof, as an entirety or, to the extent not prohibited by any applicable Requirement of Law, in parcels as Administrative Agent may elect, at such place or places and otherwise in the manner and upon such notice as may be required by any Requirement of Law or, in the absence of any such requirement, as Trustee may deem appropriate. If Trustee shall have given notice of sale hereunder, any successor or substitute Trustee thereafter appointed may complete the sale and the conveyance of the property pursuant thereto as if such notice had been given by the successor or substitute Trustee conducting the sale. Any sale of the Collateral conducted under this Article IV may be postponed from time to time as provided by any applicable Requirement of Law; or, in the absence of any such provisions, Administrative Agent may postpone the sale of the Collateral or any part thereof by public announcement at the time and place of such sale, and from time to time thereafter may further postpone such sale by public announcement made at the time of sale fixed by the preceding postponement. Sale of a part of the Collateral will not exhaust the power of sale, and sales may be made from time to time until all Collateral is sold or the Obligations are paid in full. Cumulative of the foregoing and the other provisions of this Section 4.3: (i) As to the Deed of Trust Mortgaged Properties situated in the State of Texas, such sales of all or any part of such Deed of Trust Mortgaged Properties shall be conducted at the courthouse of any county (whether or not the counties in which such Deed of Trust Mortgaged Properties are located are contiguous) in the State of Texas in which any part of such Deed of Trust Mortgaged Properties is situated, at public vendue to the highest bidder for cash between the hours of ten o'clock a.m. and four o'clock p.m. on the first Tuesday in any month or at such other place, time and date as provided by the statutes of the State of Texas then in force governing sales of real estate under powers conferred by deed of trust, after having given notice of such sale in accordance with such statutes. 32