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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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52 <br />201305319 <br />liens and security interests created by this Mortgage, in whole or in part, shall not terminate or <br />otherwise affect Administrative Agent's right or ability to exercise any right, power or remedy <br />relating to any claim for breach of warranty or representation, for failure to perform any <br />covenant or other agreement, under any indemnity or for fraud, deceit or other misrepresentation <br />or omission occurring prior to the Release Date. <br />Section 5.16. Notices. All notices, requests, consents, demands and other <br />communications required or permitted hereunder or under any other Loan Document shall be in <br />writing and, unless otherwise specifically provided in such other Loan Document, shall be <br />deemed sufficiently given or furnished if delivered by personal delivery, by facsimile or other <br />electronic transmission, by delivery service with proof of delivery, or by registered or certified <br />United States mail, postage prepaid, at the addresses specified at the end of this Mortgage (unless <br />changed by similar notice in writing given by the particular party whose address is to be <br />changed). Any such notice or communication shall be deemed to have been given (a) in the case <br />of personal delivery or delivery service, as of the date of first attempted delivery at the address <br />and in the manner provided herein, (b) in the case of facsimile or other electronic transmission, <br />upon receipt, and (c) in the case of registered or certified United States mail, three days after <br />deposit in the mail. Notwithstanding the foregoing, or anything else in the Loan Documents or <br />the agreements evidencing Specified Swap Obligations or any Specified Cash Management <br />Agreements which may appear to the contrary, any notice given in connection with a foreclosure <br />of the Liens, privileges, and/or security interests created hereunder, or otherwise in connection <br />with the exercise by Administrative Agent or Trustee of their respective rights hereunder or <br />under any other Loan Document or any Specified Swap Agreement or any Specified Cash <br />Management Agreement, which is given in a manner permitted by any applicable Requirement <br />of Law shall constitute proper notice; without limitation of the foregoing, notice given in a form <br />required or permitted by statute shall (as to the portion of the Property to which such statute is <br />applicable) constitute proper notice. <br />Section 5.17. Invalidity of Certain Provisions. A determination that any provision of this <br />Mortgage is unenforceable or invalid shall not affect the enforceability or validity of any other <br />provision and the determination that the application of any provision of this Mortgage to any <br />person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of <br />such provision as it may apply to other persons or circumstances. <br />Section 5.18. Reporting Compliance. Mortgagor agrees to comply with any and all <br />reporting requirements applicable to the transaction evidenced by the Notes and secured by this <br />Mortgage which are set forth in any Requirement of Law of any Governmental Authority, and <br />further agrees upon request of Administrative Agent to furnish Administrative Agent with <br />evidence of such compliance. <br />Section 5.19. Gender, Titles. Within this Mortgage, words of any gender shall be held <br />and construed to include any other gender, and words in the singular number shall be held and <br />construed to include the plural, unless the context otherwise requires. Titles appearing at the <br />beginning of any subdivisions hereof are for convenience only, do not constitute any part of such <br />subdivisions, and shall be disregarded in construing the language contained in such subdivisions. <br />
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