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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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201305319 <br />secured indebtedness. Any amount to be paid hereunder by Mortgagor to Trustee shall be a <br />demand obligation owing by Mortgagor to Trustee and shall be subject to and covered by the <br />provisions of Section 2.2 hereof. <br />Section 5.15. Release of Mortgage. If all of the indebtedness secured hereby is <br />indefeasibly paid in full in cash (other than (A) contingent indemnification obligations and any <br />other contingent obligations under the Loan Documents that expressly survive the termination of <br />the Loan Documents and (B) obligations and liabilities under Specified Cash Management <br />Agreements and Specified Swap Agreements either (x) as to which arrangements satisfactory to <br />the applicable Secured Party shall have been made or (y) notice has not been received by the <br />Administrative Agent from the applicable Secured Party that such amounts are then due and <br />payable) and the expiration or termination of all Letters of Credit (other than Letters of Credit as <br />to which other arrangements satisfactory to the Administrative Agent and the applicable Issuing <br />Lender shall have been made), and if the Commitments under the Credit Agreement have been <br />terminated, then the Mortgagor may request that this Mortgage be terminated and the <br />Administrative Agent shall promptly terminate this Mortgage. Upon such termination the <br />Mortgagor may further request that a written act of release of this Mortgage or other applicable <br />instrument be provided in accordance with any applicable Requirement of Law (except this <br />Mortgage shall be reinstated to the extent expressly provided herein, and will continue with <br />respect to indemnification and other rights which are to continue following the release hereof). <br />Administrative Agent agrees to deliver to Mortgagor, or such person or entity designated by <br />Mortgagor, such an act of release (subj ect to the foregoing limitation), all at the cost and expense <br />of the Mortgagor, within ten (10) business days (or such lesser number of days as may be <br />mandated by any applicable Requirement of Law or permitted by the Administrative Agent) of <br />receiving such request unless Administrative Agent in good faith, has cause to believe that <br />Mortgagor is not entitled to a termination of this Mortgage. Notwithstanding the foregoing, it is <br />understood and agreed that certain indemnifications, and other rights, which are provided herein <br />to continue following the release hereof, shall continue in effect notwithstanding such release; <br />and provided that if any payment to any Secured Party or Administrative Agent, is held to <br />constitute a preference or a voidable transfer under any applicable state or federal Requirement <br />of Law or if for any other reason any Secured Party or Administrative Agent, is required to <br />refund such payment to the payor thereof or to pay the amount thereof to any third party, this <br />Mortgage shall be reinstated to the extent of such payment or payments. If any Property or <br />Collateral is Disposed of as part of or in connection with any Disposition permitted under the <br />Credit Agreement, the Administrative Agent shall execute and deliver to the Mortgagor, at <br />Mortgagor's sole cost and expense, such partial releases of this Mortgage with respect to such <br />Property or Collateral as reasonably requested by the Mortgagor. Except as may be required by <br />any applicable Requirement of Law, Administrative Agent shall have full power and authority to <br />execute, acknowledge and deliver any release or reconveyance of this Mortgage without the <br />joinder therein or execution thereof by Trustee or any other Secured Parties, and any such release <br />of reconveyance shall be binding upon Administrative Agent, Trustee, and the other Secured <br />Parties. All releases and reconveyances executed in connection with this Mortgage shall be <br />without warranty of any kind, express, implied or statutory. Mortgagor shall pay all reasonable <br />legal fees and other fees, costs and expenses incurred by Administrative Agent and Trustee for <br />preparing and reviewing instruments of termination and release or reconveyance and the <br />execution and delivery thereof and Mortgagor may require payment of the same prior to delivery <br />of such instruments. The release and reconveyance of this Mortgage and the termination of the <br />51 <br />
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