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20 2202CG
<br />responsible for the application thereof. The power of sale granted herein shall not be exhausted by
<br />any sale held hereunder by Trustee or his substitute or successor, and such power of sale may be
<br />exercised from time to time and as many times as Administrative Agent may deem necessary until
<br />all of such Deed of Trust Mortgaged Properties has been duly sold and all secured indebtedness has
<br />been fully paid. For the avoidance of doubt, any foreclosure sale and notice thereof of or with
<br />respect to the Deed of Trust Mortgaged Properties situated in the State of Texas pursuant to this
<br />Section 4.3 shall be made, as the case may be: (A) in accordance with the then applicable provisions
<br />of Section 51.002 of the Texas Property Code (or any successor statute), or (B) by accomplishing
<br />all or any of the aforesaid in such manner as permitted or required by Chapter 51 of the Texas
<br />Property Code or by Chapter 9 of the UCC in effect in the State of Texas relating to the sale of
<br />collateral after default by a debtor (as such laws now exist or may be hereafter amended or
<br />succeeded), or by any other present or subsequent amendments or enactments relating to same.
<br />(ii) As to the other Deed of Trust Mortgaged Properties, Trustee may proceed, by
<br />power of sale, to sell the Deed of Trust Mortgaged Properties and any and every part thereof, at
<br />public venue, to the highest bidder, at the customary place in the county (or the City of St. Louis
<br />Missouri as to the Deed of Trust Mortgaged Properties located in the City of St. Louis, Missouri,
<br />and the City of Newport News, Virginia, as to the Deed of Trust Mortgaged Properties located in
<br />the City of Newport News, Virginia) in which the Deed of Trust Mortgaged Properties are located,
<br />for cash, first giving the public notice required by any Requirement of Law of the time, terms and
<br />place of sale, and of the property to be sold; and upon such sale shall execute and deliver a deed of
<br />conveyance of the property sold to the purchaser or purchasers thereof, and any statement or recital
<br />of fact in such deed in relation to the nonpayment of money hereby secured to be paid, existence
<br />of the secured indebtedness, notice of advertisement, sale, receipt of money, and the happening of
<br />any of the events whereby any successor trustee became successor as herein provided, shall be
<br />prima facie evidence of the truth of such statement or recital; and Trustee shall receive the proceeds
<br />of such sale, out of which Trustee shall pay: first, the cost and expenses of executing this trust,
<br />including attorneys' fees and compensation to Trustee for his services; and next to Administrative
<br />Agent or its endorsees or assignees, upon the usual vouchers therefor, all monies paid pursuant to
<br />or under any provisions set forth herein, in the Credit Agreement, in any of the other Loan
<br />Documents or any Specified Swap Agreement or any Specified Cash Management Agreement; and
<br />next to the payment of the secured indebtedness, in such order as Administrative Agent may elect;
<br />and the balance of such proceeds, if any, shall be paid to the person or persons legally entitled
<br />thereto; and Trustee covenants faithfully to perform the trust herein created. Until a sale shall be
<br />held hereunder, Trustee hereby lets the Deed of Trust Mortgaged Properties to Mortgagor, upon
<br />the following terms and conditions, to -wit: Mortgagor, and every and all persons claiming or
<br />possessing the Deed of Trust Mortgaged Properties, or any part thereof, by, through, or under
<br />Mortgagor shall or will pay rent therefor during said term at the rate of one cent per month, payable
<br />monthly upon demand and shall and will surrender peaceable possession of the Deed of Trust
<br />Mortgaged Properties, and any and every part thereof, to Trustee, its successors, assignees, or
<br />purchasers thereof, without notice or demand therefor, upon the occurrence of any Default.
<br />(iii) As to the Mortgaged Properties located in the State of Montana, this Mortgage may
<br />be foreclosed by advertisement or sale in the manner provided in the small Tract Financing Act of
<br />Montana or by judicial procedure as provided by Montana law for the foreclosure of mortgages on
<br />real property.
<br />(iv) As to the Deed of Trust Mortgaged Properties situated in the Commonwealth of
<br />Virginia, any sale of the Mortgaged Property shall also be made in accordance with the provisions
<br />of Sections 55-59.1, 55-59.2, 55-59.3, 55-59.4 and 55-63 of the Code of Virginia (1950), as
<br />amended, or other applicable general local laws of the Commonwealth of Virginia or judicial rules
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