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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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72 <br />201305319 <br />Section 20.4 Mortgage Filed as a Fixture Filing. It is intended that this mortgage is <br />effective as a financing statement filed with the Davis County recorder's office as a fixture filing <br />pursuant to Section 70A- 9- 502(3) of the Utah Code Annotated. This mortgage indicates the <br />collateral, goods or accounts that in covers. The goods are or are to become fixtures related to <br />the real property and such collateral is related to the real property described on Exhibit A <br />attached hereto. The debtor is the Mortgagor and the secured party is the Administrative Agent <br />or the Secured Parties. <br />Section 20.5 FINAL EXPRESSION. PURSUANT TO SECTION 25 -5 -4 OF THE <br />UTAH CODE ANNOTATED THIS WRITTEN AGREEMENT IS A FINAL <br />EXPRESSION OF THE AGREEMENT BETWEEN CREDITOR AND DEBTOR AND <br />THE WRITTEN AGREEMENT MAY NOT BE CONTRADICTED BY EVIDENCE OF <br />ANY ALLEGED ORAL AGREEMENT. <br />ARTICLE XX <br />Special Virginia Provisions <br />Section 20.1. Inconsistencies. With respect to the Property located in the <br />Commonwealth of Virginia, the provisions set forth in this Article shall apply to and be made a <br />part of the Mortgage. In the event of any inconsistencies between the terms and provisions of this <br />Article and the other terms and provisions of this Mortgage, or to the extent, and only to the <br />extent, any of the terms and provisions in this Article conflict with, or are ambiguous when read <br />together with, any of the other terms and provisions of this Mortgage, the provisions of this <br />Article shall govern. Capitalized words and phrases contained in this Article shall have the <br />definition ascribed to them in the main body of the Mortgage, unless the context manifestly <br />requires otherwise. <br />Section 20.2. Statutory Provisions. Notwithstanding anything contained herein to the <br />contrary, this Mortgage is made under and pursuant to the provisions of the Code of Virginia, <br />Sections 55 -59, 55 -59.1, 55 -59.2, 55- 59.3, 55 -59.4 and 55 -60 as the same may be amended from <br />time to time, and shall be construed to impose and confer upon the parties hereto and the <br />Administrative Agent all the rights, duties and obligations prescribed by said Sections, except to <br />the extent otherwise provided in this Mortgage. <br />Section 20.3. Limitation of Debt Secured by this Mortgage as to Deed of Trust <br />Mortgaged Properties Located in Virginia. Notwithstanding any other provision of this <br />Mortgage, the maximum amount of the indebtedness secured by this Mortgage as to Deed of <br />Trust Mortgaged Properties located in Virginia is the principal amount of Eight Million Seven <br />Hundred Ninety Two Thousand Four Hundred Six Dollars ($8,792,406), plus interest, costs and <br />other expenses set forth herein. <br />
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