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201400400 To sue out forthwith a Writ of Scire Facias upon this Security Instrument, and to proceed thereon to judgment, execution and sale for the collection and recovery of the paid principal debt, and all interest and premiums due thereon, together with all fees, costs, damages and expenses of such proceedings and the expense of determining the existence, identity and location of any third party or parties who may have an interest in the Mortgage Property and/or Equipment which is the subject hereof, which said expense shall become part of the principal debt secured hereby, without further stay; any law, usage, or custom to the contrary notwithstanding. 3. Paragraph 52 is hereby amended in its entirety to read as follows: Governing Law; Submission to Jurisdiction Appointment of Agent for Service of Process. This Security Instrument shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to principles of conflict of laws. The parties hereto hereby declare that it is their intention that this Security Instrument shall be regarded as made under the laws of the State of Delaware and that the laws of said State shall be applied in interpreting its provisions in all cases where legal interpretation shall be required. Each of the parties hereto agrees (a) that this Security Instrument involves at least $100,000.00, and (b) that this Security Instrument has been entered into by the parties hereto in express reliance upon 6 Del. C. § 2708. Each of the parties hereto hereby irrevocably and unconditionally agrees (a) to be subject to the jurisdiction of the courts of the State of Delaware and of the federal courts sitting in the State of Delaware, and (b) (1) to the extent such party is not otherwise subject to service of process in the State of Delaware, to appoint and maintain an agent in the State of Delaware as such party's agent for acceptance of legal process, and (2) that service of process may also be made on such party by prepaid certified mail with a proof of mailing receipt validated by the United States Postal Service constituting evidence of valid service, and that service made pursuant to (b) (1) or (2) above shall have the same legal force and effect as if served upon such party personally within the State of Delaware. For purposes of implementing the parties' agreement to appoint and maintain an agent for service of process in the State of Delaware, each such party that does not otherwise have a registered agent in the State of Delaware does hereby appoint the Delaware Secretary of State as such agent. 4. Future Advances. This Security Instrument is intended to apply to future advances pursuant to 25 Del. C. § 2118. This Security Instrument sccures not only existing indebtedness or advances made contemporaneously with the execution hereof with all interest thereon Prepayment Consideration and other amounts constituting the Debt hereunder, but also future principal advances, with all interest accrued thereon, to or for the benefit of Lender up to a maximum principal amount of Nine Million and 00/100 Dollars ($9,000,000.00), made pursuant to the terms of the Note, this Security Instrument, the other Loan Documents and other documents evidencing the secured indebtedness (as the same may be modified, amended or supplemented from time to time), the terms of all of which are incorporated herein by reference. All such future advances, whether such advances are obligatory, optional or both and whether made before or after default or maturity or other similar event, shall be secured by this Security Instrument to the same extent as if such future advances were made contemporaneously with the execution of this Security Instrument, even though no advance may have been made at the time of execution of this Security Instrument and even though no indebtedness is outstanding at the time any advance is made. Any lien attaching to the Mortgaged Property after the date hereof shall be under, subject and subordinate to all indebtedness, including, without limitation, future - 90 -