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201305319 hereby or the liability of any other person hereunder or for the payment of the indebtedness secured hereby. Section 5.9. Place of Payment. All secured indebtedness which may be owing hereunder at any time by Mortgagor shall be payable at the place designated in the Credit Agreement or Notes (or if no such designation is made, at the address of Administrative Agent indicated at 'the end of this Mortgage), or at such other place as Administrative Agent may designate in writing. Section 5.10. Subrogation to Existing Liens. To the extent that proceeds of the Notes are used to pay indebtedness secured by any outstanding Lien, privilege, security interest, charge or prior encumbrance against the Property, such proceeds have been advanced at Mortgagor's request, and the party or parties advancing the same shall be subrogated to any and all rights, security interests, privileges, and Liens owned by any owner or holder of such outstanding Liens, privileges, security interests, charges or encumbrances, irrespective of whether said Liens, privileges, security interests, charges or encumbrances are released, and it is expressly understood that, in consideration of the payment of such indebtedness, Mortgagor hereby waives and releases all demands and causes of action for offsets and payments to, upon and in connection with the said indebtedness. Section 5.11. Application of Payments to Certain Indebtedness. If any part of the secured indebtedness cannot be lawfully secured by this Mortgage or if any part of the Property cannot be lawfully subject to the Lien, privilege, and security interest hereof to the full extent of such indebtedness, then all payments made shall be applied on said indebtedness first in discharge of that portion thereof which is not secured by this Mortgage. Section 5.12. Compliance With Usury Laws. It is the intent of Mortgagor, Administrative Agent and all other parties to the Loan Documents and the Specified Swap Agreements and Specified Cash Management Agreements to contract in strict compliance with any applicable usury Requirement of Law from time to time in effect. In furtherance thereof, it is stipulated and agreed that none of the terms and provisions contained herein, in the other Loan Documents or in any Specified Swap Agreement or any Specified Cash Management Agreement shall ever be construed to create a contract to pay, for the use, forbearance or detention of money, interest in excess of the maximum amount of interest permitted to be collected, charged, taken, reserved, or received by any applicable Requirement of Law from time to time in effect. Section 5.13. Substitute Trustee. The Trustee may resign by an instrument in writing addressed to Administrative Agent, or Trustee may be removed at any time with or without cause by an instrument in writing executed by Administrative Agent. In case of the death, resignation, removal, or disqualification of Trustee, or if for any reason Administrative Agent shall deem it desirable to appoint a substitute or successor trustee to act instead of the herein named trustee or any substitute or successor trustee, then Administrative Agent shall have the right and is hereby authorized and empowered to appoint a successor trustee, or a substitute trustee, without other formality than appointment and designation in writing executed by Administrative Agent, and, in Administrative Agents discretion, recorded in the office of the county recorder where any portion of the Property is located, and the authority hereby conferred shall extend to the appointment of other successor and substitute trustees successively until the indebtedness 49