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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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ARTICLE XVI <br />ARTICLE XVII <br />201305319 <br />party contained herein or in any related documents will not extend to liability, claims, damages, <br />losses or expenses, including attorneys' fees, arising out of bodily injury to persons or damage to <br />property caused by or resulting from, in whole or in part, the negligent act or omission of any <br />indemnitee, its officers, employees or agents. <br />Special Ohio Provisions <br />Section 16.1. Inconsistencies. With respect to the Property located in the state of Ohio, <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 16.2. No Notice. Mortgagor covenants not to issue a notice pursuant to Section <br />5301.232(c) of the Ohio Revised Code either to Administrative Agent or any other Secured <br />Parties until all Obligations have been satisfied in full. <br />Section 16.3. Powers of Administrative Agent. Administrative Agent or the other <br />Secured Parties, at their option, are authorized and empowered to do all things provided to be <br />done by a mortgagee under Section 1311.14 of the Ohio Revised Code, and any present or future <br />amendments or supplements thereto, for the protection of Lender's interest in the Other <br />Mortgaged Properties in the State of Ohio. <br />Special Pennsylvania Provisions <br />Section 17.1. Inconsistencies. With respect to the Property located in the commonwealth <br />of Pennsylvania, the provisions set forth in this Article shall apply to and be made a part of the <br />Mortgage. In the event of any inconsistencies between the terms and provisions of this Article <br />and the other terms and provisions of this Mortgage, or to the extent, and only to the extent, any <br />of the terms and provisions in this Article conflict with, or are ambiguous when read together <br />with, any of the other terms and provisions of this Mortgage, the provisions of this Article shall <br />govern. Capitalized words and phrases contained in this Article shall have the definition ascribed <br />to them in the main body of the Mortgage, unless the context manifestly requires otherwise. <br />Section 17.2. Open End Mortgage. This Mortgage is an Open -End Mortgage as defined <br />in Section 8143(f) of Title 42 of the Pennsylvania Consolidated Statutes, as amended (the <br />"Pennsylvania Act ") and as such, is entitled to the benefits of the Pennsylvania Act. Mortgagor <br />intends that, in addition to any other debt or obligations secured hereby, this Mortgage shall <br />secure unpaid balances of advances and other extensions of credit made after this Mortgage is <br />left for record with the Recorder's Office of [Northumberland County, Pennsylvania and the <br />Recorder's Office of Berks County, Pennsylvania,] whether such advances are made pursuant to <br />69 <br />
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