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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
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201305319
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58 <br />201305319 <br />ARTICLE IX <br />Special Illinois Provisions <br />Section 9.1. Inconsistencies. With respect to the Property located in the state of Illinois, <br />the provisions set forth in this Article shall apply to and be made a part of the Mortgage. In the <br />event of any inconsistencies between the terms and provisions of this Article and the other terms <br />and provisions of this Mortgage, or to the extent, and only to the extent, any of the terms and <br />provisions in this Article conflict with, or are ambiguous when read together with, any of the <br />other terms and provisions of this Mortgage, the provisions of this Article shall govern. <br />Capitalized words and phrases contained in this Article shall have the definition ascribed to them <br />in the main body of the Mortgage, unless the context manifestly requires otherwise. <br />Section 9.2. MORTGAGOR'S WAIVER OF RIGHTS. THE MORTGAGOR <br />ACKNOWLEDGES THAT THE TRANSACTION OF WHICH THIS MORTGAGE IS A <br />PART IS A TRANSACTION WHICH DOES NOT INCLUDE EITHER <br />AGRICULTURAL REAL ESTATE (AS DEFINED IN THE ACT), OR RESIDENTIAL <br />REAL ESTATE (AS DEFINED IN THE ACT). EXCEPT AS OTHERWISE SET FORTH <br />HEREIN, TO THE FULLEST EXTENT PERMIITED BY LAW, THE MORTGAGOR <br />WAIVES THE BENEFIT OF ALL REQUIREMENTS OF LAWS NOW EXISTING OR <br />THAT MAY SUBSEQUENTLY BE ENACTED PROVIDING FOR (I) ANY <br />APPRAISEMENT BEFORE SALE OF ANY PORTION OF THE MORTGAGED <br />PROPERTY, (II) ANY EXTENSION OF THE TIME FOR THE ENFORCEMENT OF <br />THE COLLECTION OF THE INDEBTEDNESS OR THE CREATION OR EXTENSION <br />OF A PERIOD OF REDEMPTION FROM ANY SALE MADE IN COLLECTING SUCH <br />DEBT OR (III) EXEMPTION OF THE MORTGAGED PROPERTIES FROM <br />AITACHMENT, LEVY OR SALE UNDER EXECUTION OR EXEMPTION FROM <br />CIVIL PROCESS. EXCEPT AS OTHERWISE SET FORTH HEREIN, TO THE FULL <br />EXTENT THE MORTGAGOR MAY DO SO, THE MORTGAGOR AGREES THAT <br />THE MORTGAGOR WILL NOT AT ANY TIME INSIST UPON, PLEAD, CLAIM OR <br />TAKE THE BENEFIT OR ADVANTAGE OF ANY REQUIREMENTS OF LAW NOW <br />OR HEREAFTER IN FORCE PROVIDING FOR ANY APPRAISEMENT, <br />VALUATION, STAY, EXEMPTION, EXTENSION, REINSTATEMENT OR <br />REDEMPTION, OR REQUIRING FORECLOSURE OF THIS MORTGAGE BEFORE <br />EXERCISING ANY OTHER REMEDY GRANTED HEREUNDER AND THE <br />MORTGAGOR, FOR THE MORTGAGOR AND ITS SUCCESSORS AND ASSIGNS, <br />AND FOR ANY AND ALL PERSONS EVER CLAIMING ANY INTEREST IN THE <br />MORTGAGED PROPERTIES, TO THE EXTENT PERMIITED BY LAW, HEREBY <br />WAIVES AND RELEASES ALL RIGHTS OF REINSTATEMENT, REDEMPTION, <br />VALUATION, APPRAISEMENT STAY OF EXECUTION, NOTICE OF ELECTION TO <br />MATURE OR DECLARE DUE THE WHOLE OF THE SECURED INDEBTEDNESS <br />AND MARSHALLING IN THE EVENT OF FORECLOSURE OF THE LIENS HEREBY <br />CREATED. <br />Section 9.3. Assignment of Rents. Notwithstanding provisions hereof relating to the <br />assignment of rents, Administrative Agent shall not exercise its right to receive such rents until it <br />has taken possession, to the extent such possession is required by any applicable Requirement of <br />Law to exercise such right. <br />
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