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<br />any sale by the Trustee, or any successor or substitute trustee, as to the refusal, failure or inability
<br />to act of Trustee or any substitute or successor trustee or the appointment of any substitute or
<br />successor trustee, or as to any other act or thing having been duly done, shall be taken as prima
<br />facie evidence of the truth of the facts so stated and recited. Notwithstanding any reference
<br />herein to the Notes, the Credit Agreement, any other Loan Document or any Specified Swap
<br />Agreement or any Specified Cash Management Agreement, all persons dealing with the
<br />Mortgaged Properties shall be entitled to rely on any document, or certificate, of the
<br />Administrative Agent as to the occurrence of an event, such as a Default, and shall not be
<br />charged with or forced to review any provision of any other document to determine the accuracy
<br />thereof. With respect to any sale held in foreclosure of the Liens, privileges, and/or security
<br />interests covered hereby, it shall not be necessary for the Trustee, Administrative Agent, any
<br />public officer acting under execution or order of the court or any other party to have physically
<br />present or constructively in his/her or its possession, either at the time of or prior to such sale, the
<br />Property or any part thereof.
<br />Section 4.4. Effective as Mortgage. As to the Deed of Trust Mortgaged Properties, this
<br />instrument shall be effective as a mortgage as well as a deed of trust and upon the occurrence of
<br />a default may be foreclosed as to the Deed of Trust Mortgaged Properties, or any portion thereof,
<br />in any manner permitted by any applicable Requirement of Law, and any foreclosure suit may be
<br />brought by Trustee or by Administrative Agent. To the extent, if any, required to cause this
<br />instrument to be so effective as a mortgage as well as a deed of trust, Mortgagor hereby
<br />mortgages the Deed of Trust Mortgaged Properties to Administrative Agent. In the event a
<br />foreclosure hereunder as to the Deed of Trust Mortgaged Properties, or any part thereof, shall be
<br />commenced by Trustee, or his substitute or successor, Administrative Agent may at any time
<br />before the sale of such properties direct Trustee to abandon the sale, and may then institute suit
<br />for the foreclosure of this Mortgage as to such properties. It is agreed that if Administrative
<br />Agent should institute a suit for the foreclosure of this Mortgage, Administrative Agent may at
<br />any time before the entry of a final judgment in said suit dismiss the same, and require Trustee,
<br />its substitute or successor, to sell the Deed of Trust Mortgaged Properties, or any part thereof, in
<br />accordance with the provisions of this Mortgage. This Mortgage shall also constitute and may be
<br />enforced from time to time as an assignment, chattel mortgage, contract, deed of trust, mortgage,
<br />fmancing statement and security agreement, and from time to time as any one or more thereof as
<br />appropriate under any applicable Requirement of Law. Administrative Agent shall be entitled to
<br />all of the rights, remedies and benefits of a secured party, mortgagee and a beneficiary granted
<br />under any applicable Requirement of Law; and, to the fullest extent of such law, shall be entitled
<br />to enforce such rights, remedies and benefits. Mortgagor intends and hereby grants to
<br />Administrative Agent all rights, powers and remedies accorded a secured party, mortgagee and a
<br />beneficiary under any applicable Requirement of Law whether or not such rights, powers and
<br />remedies are expressly granted or reserved herein.
<br />Section 4.5. Receiver. In addition to all other remedies herein provided for, Mortgagor
<br />agrees that, upon the occurrence of a default, Administrative Agent shall as a matter of right be
<br />entitled to the appointment of a receiver or receivers by ex parte application, without notice to
<br />Mortgagor (except in Oklahoma a receiver may only be appointed in accordance with OKLA.
<br />STAT. title 12 § 1551; and in Virginia a receiver may only be appointed without notice in
<br />accordance with Sections 8.01 -592 and 8.01 -594, Code of Virginia (1950), as amended), for all
<br />or any part of the Property, whether such receivership be incident to a proposed sale (or sales) of
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