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202202660
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4/12/2022 4:26:50 PM
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4/12/2022 4:26:43 PM
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DEEDS
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202202660
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be obligated to perform or discharge any obligation, duty or liability of Mortgagor arising under any <br />agreement forming a part of the Property or arising under any Lien permitted under Section 7.3 of the Credit <br />Agreement or otherwise arising. Mortgagor hereby assents to, ratifies and confirms any and all actions of <br />Administrative Agent with respect to the Property taken under this Section 4.2. In addition to the remedies <br />set forth above, to the fullest extent permitted by applicable Requirements of Law, Administrative Agent is <br />authorized to enter upon and take possession of any portion of the Property consisting of a leasehold estate <br />or leased premises, and to exercise, without interference from Mortgagor, any and all rights with respect to <br />the leased premises that Administrative Agent has with respect to the Property under this Section, including <br />the right to remedy any default under said Lease and to exercise any other rights it or Mortgagor has under <br />said Lease Agreement as amended. <br />Section 4.3. Foreclosure. <br />(a) Upon the occurrence of a default, Trustee is authorized and empowered and it shall be <br />Trustee's special duty at the request of Administrative Agent to sell the Deed of Trust Mortgaged Properties, <br />or any part thereof, as an entirety or, to the extent not prohibited by any applicable Requirement of Law, in <br />parcels as Administrative Agent may elect, at such place or places and otherwise in the manner and upon <br />such notice as may be required by any Requirement of Law or, in the absence of any such requirement, as <br />Trustee may deem appropriate. If Trustee shall have given notice of sale hereunder, any successor or <br />substitute Trustee thereafter appointed may complete the sale and the conveyance of the property pursuant <br />thereto as if such notice had been given by the successor or substitute Trustee conducting the sale. Any <br />sale of the Collateral conducted under this Article IV may be postponed from time to time as provided by <br />any applicable Requirement of Law; or, in the absence of any such provisions, Administrative Agent may <br />postpone the sale of the Collateral or any part thereof by public announcement at the time and place of such <br />sale, and from time to time thereafter may further postpone such sale by public announcement made at the <br />time of sale fixed by the preceding postponement. Sale of a part of the Collateral will not exhaust the power <br />of sale, and sales may be made from time to time until all Collateral is sold or the Obligations are paid in <br />full. Cumulative of the foregoing and the other provisions of this Section 4.3: <br />(i) As to the Deed of Trust Mortgaged Properties situated in the State of Texas, such <br />sales of all or any part of such Deed of Trust Mortgaged Properties shall be conducted at the <br />courthouse of any county (whether or not the counties in which such Deed of Trust Mortgaged <br />Properties are located are contiguous) in the State of Texas in which any part of such Deed of Trust <br />Mortgaged Properties is situated, at public venue to the highest bidder for cash between the hours <br />of ten o'clock a.m. and four o'clock p.m. on the first Tuesday in any month or at such other place, <br />time and date as provided by the statutes of the State of Texas then in force governing sales of real <br />estate under powers conferred by deed of trust, after having given notice of such sale in accordance <br />with such statutes. Any sale made by Trustee hereunder may be as an entirety or in such parcels <br />as Administrative Agent may request. Trustee may, after any request or direction by <br />Administrative Agent, sell not only the real property but also the other interests that are a part of <br />the Deed of Trust Mortgaged Properties, or any part thereof, as a unit and as a part of a single sale, <br />or may sell any part of such Deed of Trust Mortgaged Properties separately from the remainder of <br />such Deed of Trust Mortgaged Properties. It shall not be necessary for Trustee to have taken <br />possession of any part of such Deed of Trust Mortgaged Properties. After each such sale, Trustee <br />shall make to the purchaser or purchasers at such sale good and sufficient conveyances in the name <br />of Mortgagor, conveying the property so sold to the purchaser or purchasers with general warranty <br />of title by Mortgagor, subject to the Customary Permitted Liens and any Customary Permitted Liens <br />subsequently created as provided or permitted herein (and to such leases and other matters, if any, <br />as Trustee may elect upon request of Administrative Agent), and shall receive the proceeds of said <br />sale or sales and apply the same as herein provided. Payment of the purchase price to the Trustee <br />shall satisfy the obligation of purchaser at such sale therefor, and such purchaser shall not be <br />28 <br />144646513 <br />
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