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9 0 <br />202060 <br />rights under the Loan Documents, any Specified Swap Agreement, and any Specified Cash Management <br />Agreement. <br />Section 3.6. 'Reserved]. <br />Section 3.7. Rights Under Oklahoma Oil and Gas Owners' Lien Act. Mortgagor hereby grants, <br />sells, assigns and sets over unto Administrative Agent during the term hereof, all of Mortgagor's rights and <br />interests pursuant to the provisions of the Oil and Gas Owners' Lien Act (OKLA. STAT. tit. 52, §§ 548.1- <br />548.6 (the "Oklahoma Act"), hereby vesting in Administrative Agent all of Mortgagor's rights as an <br />interest owner to the continuing security interest in and Lien upon the oil or gas severed or the proceeds of <br />sale. Administrative Agent may, at its option, file the verified notice of Lien in order to perfect such Lien, <br />but shall not be obligated to make such filing and shall not be held liable to Mortgagor for any act or <br />omission pursuant to the Oklahoma Act. <br />ARTICLE IV <br />Remedies Upon Default <br />Section 4.1. Default. The terms "default" and "Default" as used in this Mortgage shall mean the <br />occurrence of an Event of Default. Upon the occurrence of a default, Administrative Agent at any time and <br />from time to time may without notice to Mortgagor or any other person declare any or all of the secured <br />indebtedness immediately due and payable, without relief from valuation and appraisement any <br />Requirement of Law, and all such secured indebtedness shall thereupon be immediately due and payable, <br />without presentment, demand, protest, notice of protest, declaration or notice of acceleration or intention to <br />accelerate, putting Mortgagor in default, dishonor, notice of dishonor or any other notice or declaration of <br />any kind, all of which are hereby expressly waived by Mortgagor, and the Liens evidenced hereby shall be <br />subject to foreclosure in any manner provided for herein or provided for by any Requirement of Law as <br />Administrative Agent may elect. With respect to the Deed of Trust Mortgaged Properties which are situated <br />in the Commonwealth of Virginia, the foregoing shall include, but not be limited to, such acceleration as <br />may be made by the Trustee, and this Mortgage is "subject to call upon default", as that term is construed <br />pursuant to Section 55-60(4) of the Code of Virginia (1950) as amended. <br />Section 4.2. Pre -Foreclosure Remedies. Upon the occurrence of a default, Administrative Agent <br />is authorized, prior or subsequent to the institution of any foreclosure proceedings, and to the extent allowed <br />by any applicable Requirement of Law, to enter upon the Property, or any part thereof, and to take <br />possession of the Property and all books and records relating thereto, and to exercise without interference <br />from Mortgagor any and all rights which Mortgagor has with respect to the management, possession, <br />operation, protection or preservation of the Property. If necessary to obtain the possession provided for <br />above, Administrative Agent may invoke any and all legal remedies to dispossess Mortgagor, including, <br />but not limited to, summary proceeding or restraining order. Mortgagor agrees to peacefully surrender <br />possession of the Property upon default if requested. All costs, expenses and liabilities of every character <br />incurred by Administrative Agent in managing, operating, maintaining, protecting or preserving the <br />Property shall constitute a demand obligation (which obligation Mortgagor hereby expressly promises to <br />pay) owing by Mortgagor to Administrative Agent and shall bear interest from date of expenditure until <br />paid at the rate set forth in Section 2.9(c) of the Credit Agreement, all of which shall constitute a portion of <br />the secured indebtedness and shall be secured by this Mortgage and by any other instrument securing the <br />secured indebtedness. In connection with any action taken by Administrative Agent pursuant to this Section <br />42, ADMINISTRATIVE AGENT SHALL NOT BE LIABLE FOR ANY LOSS SUSTAINED BY <br />MORTGAGOR RESULTING FROM ANY ACT OR OMISSION OF ADMINISTRATIVE AGENT <br />(INCLUDING ADMINISTRATIVE AGENT'S OWN NEGLIGENCE) IN MANAGING THE <br />PROPERTY UNLESS SUCH LOSS IS CAUSED BY THE WILLFUL MISCONDUCT, GROSS <br />NEGLIGENCE OR BAD FAITH OF ADMINISTRATIVE AGENT, nor shall Administrative Agent <br />27 <br />144646513 <br />