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201906 85 <br />and/or Lender, or in any way make Lender a co -principal with Grantor with reference to the Property or <br />Indebtedness. Any inferences to the contrary are hereby expressly negated. <br />11.8 COVENANTS RUNNING WITH THE LAND. All covenants, obligations, and <br />agreements of Grantor under this Instrument are covenants running with the Land. <br />11.9 CONTINUING AGREEMENT. This is a continuing agreement and all rights, powers, <br />and remedies of Lender under this Instrument and the other Loan Documents shall continue in full force <br />and effect until the Note and all other Indebtedness is paid in full as the same becomes due and payable <br />and all other Indebtedness is paid and discharged, until Lender has no further obligation to advance <br />moneys to Grantor under the Credit Agreement and Related Documents and until Lender, upon request of <br />Grantor, has executed a written termination statement. Furthermore, the parties contemplate that there <br />may be times when no Indebtedness is owing, but notwithstanding such occurrence, this Instrument and <br />all other Loan Documents shall remain valid and shall be in full force and effect as to subsequent <br />Indebtedness and advances under the Credit Agreement and Related Documents, provided that Lender has <br />not executed a written termination statement. <br />11.10 AGENTS. In exercising any rights hereunder or taking any actions provided for herein, <br />Lender may act through its employees, agents or independent contractors as authorized by Lender. <br />11.11 GOVERNING LAW. THE LAWS OF THE STATE OF TEXAS (OTHER THAN <br />ITS CONFLICT -OF -LAW PRINCIPLES) SHALL GOVERN THE VALIDITY AND <br />ENFORCEABILITY AND THE INTERPRETATION OR CONSTRUCTION OF ALL OF THE <br />PROVISIONS OF THIS DEED OF TRUST AND ALL ISSUES HEREUNDER, INCLUDING <br />WITHOUT LIMITATION THE DETERMINATION OF THE MAXIMUM LAWFUL RATE OF <br />INTEREST THAT MAY BE CONTRACTED FOR, CHARGED, OR RECEIVED WITH <br />RESPECT TO THE INDEBTEDNESS HEREIN DESCRIBED; PROVIDED HOWEVER, THAT <br />AS TO MATTERS OF PRIORITY OF LIENS AND THE ENFORCEMENT OF REMEDIES <br />AGAINST CERTAIN MORTGAGED PROPERTY LOCATED IN TENNESSEE, THE LAWS OF <br />THE STATE OF TENNESSEE SHALL GOVERN. <br />11.12 CERTAIN RIGHTS AND REMEDIES NOT LIMITED. For the avoidance of doubt, the <br />foregoing Section 11.11 is not intended to limit and shall not limit the right of any party to: (i) initiate <br />judicial or non judicial foreclosure against any real or personal property collateral; (ii) exercise any <br />judicial or power of sale rights; or (iii) act in a court of law to obtain an interim remedy, such as but not <br />limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or <br />supplementary remedies. <br />11.13 SEVERABILITY. In the event that any provision of this Instrument or the Note conflicts <br />with applicable law, such conflict shall not affect other provisions of this Instrument or the Note which <br />can be given effect without the conflicting provisions, and to this end the provisions of this Instrument <br />and the Note are declared to be severable. <br />11.14 USURY DISCLAIMER. The term "Maximum Lawful Rate" means the maximum rate <br />of interest and the term "Maximum Lawful Amount' means the maximum amount of interest that are <br />permissible under applicable state or federal law for the type of loan evidenced by the Note and the other <br />Loan Documents. Lender does not intend to contract for, charge, or receive more than the Maximum <br />Lawful Rate or Maximum Lawful Amount permitted by applicable state or federal law, and to prevent <br />such an occurrence Lender and Grantor agree that all amounts of interest, whenever contracted for, <br />charged or received by Lender, with respect to the loan of money evidenced by the Note or with respect to <br />any other amount payable under this Instrument or any of the other Loan Documents, shall be spread, <br />prorated or allocated over the full period of time the Note is unpaid, including the period of any renewal <br />or extension of the Note. If demand for payment of the Note is made by Lender prior to the full stated <br />2932707_3 28 <br />