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201305319 Mortgagor as a "trustor," Trustee as a "trustee," this Mortgage as a "trust deed" and the Property as "trust property." Section 13.3. MORTGAGOR UNDERSTANDS THAT (A) THIS MORTGAGE IS A TRUST DEED AND NOT A MORTGAGE (UNLESS ADMINISTRATIVE AGENT ELECTS TO FORECLOSE THIS MORTGAGE AS A MORTGAGE), AND (B) THE POWER OF SALE PROVIDED FOR IN THIS MORTGAGE PROVIDES SUBSTANTIALLY DIFFERENT RIGHTS, DUTIES AND OBLIGATIONS ON MORTGAGOR THAN A MORTGAGE IN EVENT OF DEFAULT OR BREECH OF AN OBLIGATION. ARTICLE XIV Special New Jersey Provisions Section 14.1. Inconsistencies. With respect to the Property located in the state of New Jersey, the provisions set forth in this Article shall apply to and be made a part of the Mortgage. In the event of any inconsistencies between the terms and provisions of this Article and the other terms and provisions of this Mortgage, or to the extent, and only to the extent, any of the terms and provisions in this Article conflict with, or are ambiguous when read together with, any of the other terms and provisions of this Mortgage, the provisions of this Article shall govern. Capitalized words and phrases contained in this Article shall have the definition ascribed to them in the main body of the Mortgage, unless the context manifestly requires otherwise. Section 14.2. Mortgagor. Notwithstanding Mortgagor being captioned as above in this Mortgage, the Mortgagor of the Other Mortgaged Properties located in New Jersey is: BKEP MATERIALS, L.L.C. (formerly SemMaterials Energy Partners, L.L.C., a Delaware limited liability company), a Texas limited liability company. Section 14.3. Remedies. All references in this Mortgage to self help, non judicial foreclosure and power of sale shall be deemed to apply to the Other Mortgaged Properties located in New Jersey only to if and to the extent permitted by New Jersey law. If any provision of this Mortgage is inconsistent with any applicable provision of New Jersey law, the provision of New Jersey law shall take precedence over the provisions of this Mortgage as affects the Other Mortgaged Properties located in New Jersey, but shall not invalidate or render unenforceable any other provision of this Mortgage that can fairly be construed in a manner consistent with New Jersey law. Section 14.4. Non - Merger. The rights of the Administrative Agent set forth herein shall, to the extent not prohibited by law, extend to the period from and after the filing of any suit to foreclose the lien of this Mortgage, the entry of judgment and any subsequent period including any period allowed by law for the redemption of the Other Mortgaged Properties located in New Jersey after any foreclosure sale, and interest shall accrue on the judgment in the same manner and at the same rate as provided in the Credit Agreement, subject only to the usury savings clauses of the Credit Agreement and this Mortgage, until Administrative Agent has received irrevocable payment in full of all Obligations. 65