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66 201305319 Section 14.5. Copy of Mortgage. Borrower represents and warrants that it has received a true copy of this Mortgage without charge. Section 14.6. Modification Priority. This Mortgage is subject to "modification" as such term is defined in P.L. 1985 c.353 (N.J.S.A. 46 -9 -8.1 et seq.) and shall be subject to the priority provisions thereof. Section 14.7. Fixture Financing Statement. Without limiting anything in Section 1.2, this Mortgage constitutes a security agreement under the New Jersey Uniform Commercial Code and shall be deemed to also constitute a fixture financing statement. Section 14.8. Future Advances. Without limiting anything in this Mortgage, this Mortgage is given for the purpose of creating a lien on real property in order to secure existing indebtedness, and also future advances, whether made before or after default or maturity or other similar events, to the same extent as if such future advances were made on the date of the execution hereof, although there may be no advance made at the time of the execution hereof and although there may be no indebtedness outstanding at the time any advance is made. The types of future advances secured by and having priority under this Mortgage shall include, without limitation, (i) advances and re- advances of principal under the Credit Agreement and (ii) disbursements and other advances for the payment of taxes, assessments, maintenance charges, insurance premiums or costs relating to the Other Mortgaged Properties located in New Jersey, for the discharge of liens having priority over the lien of this Mortgage, for the curing of waste of the Other Mortgaged Properties located in New Jersey and for the payment of service charges and expenses incurred by reason of default and including late charges, attorney's fees and court costs, together with interest thereon. The lien of this Mortgage, as to third persons with or without actual knowledge thereof, shall be valid as to all such indebtedness and future advances, from the date of recordation. Section 14.9. Deficiency. Mortgagor waives all rights or defenses arising by reason of any "one action" and any Requirement of Law prohibiting the Administrative Agent from making a claim for deficiency, to the extent the Administrative Agent is otherwise entitled to a claim for deficiency, whether before or after the Administrative Agent's commencement or completion of any foreclosure action or any other action to exercise its remedies hereunder or otherwise available at a law or in equity. Section 14.10. Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE REQUIREMENT OF LAW, MORTGAGOR AND ADMINISTRATIVE AGENT EACH HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY ACTION, CLAIM, SUIT OR PROCEEDING RELATING TO THIS MORTGAGE AND FOR ANY COUNTERCLAIM BROUGHT THEREIN. MORTGAGOR HEREBY WAIVES ALL RIGHTS TO INTERPOSE ANY COUNTERCLAIM IN ANY SUIT BROUGHT BY ADMINISTRATIVE AGENT HEREUNDER AND ALL RIGHTS TO HAVE ANY SUCH SUIT CONSOLIDATED WITH ANY SEPARATE SUIT, ACTION OR PROCEEDING.