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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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202202660
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2022020G0 <br />or procedures relating to the foreclosure of deeds of trust. Advertisement Required: once a week <br />for two consecutive weeks. <br />A POWER OF SALE HAS BEEN GRANTED IN THIS MORTGAGE. A POWER OF SALE <br />MAY ALLOW ADMINISTRATIVE AGENT OR TRUSTEE TO TAKE THE DEED OF <br />TRUST MORTGAGED PROPERTIES AND SELL THEM WITHOUT GOING TO <br />COURT IN A FORECLOSURE ACTION UPON DEFAULT BY MORTGAGOR UNDER <br />THIS MORTGAGE. <br />(b) Upon the occurrence of a default, this Mortgage may be foreclosed as to the Other <br />Mortgaged Properties, or any part thereof, by power of sale (if permitted under any applicable Requirement <br />of Law), by judicial action, or in any other manner permitted by any applicable Requirement of Law. <br />Cumulative of the foregoing and the other provisions of this Section 4.3: <br />(1) As to the Other Mortgaged Properties located in the State of Oklahoma, Mortgagor <br />hereby confers on Administrative Agent the power to sell the Mortgaged Properties in accordance <br />with the Oklahoma Power of Sale Mortgage Foreclosure Act (OKLA. STAT. tit. 46, §§ 41-49), as <br />the same may be amended from time to time. Mortgagor hereby represents and warrants that this <br />Mortgage transaction does not involve a consumer loan as said term is defined in Section 3-104 of <br />Title 14A of the Oklahoma Statutes, that this Mortgage does not secure an extension of credit made <br />primarily for agricultural purposes as defined in paragraph 4 of Section 1-301 of Title 14A of the <br />Oklahoma Statutes, and that this Mortgage is not a mortgage on Mortgagor's homestead. <br />(ii) As to Other Mortgaged Properties located in the State of Arkansas, Administrative <br />Agent shall have the power to sell such Other Mortgaged Properties for cash at public sale to the <br />highest bidder 60 days following the recording in the Arkansas counties reflected in Exhibit A <br />hereto of a notice of default and intention to sell and publication of notice in a newspaper in general <br />circulation in said counties for 30 days, once a week for four (4) consecutive weeks prior to the <br />date of sale, with the final publication no more than ten (10) days prior to the sale. <br />(iii) [Reserved]. <br />(iv) As to the Other Mortgaged Properties located in the State of Illinois: If any <br />provision of this Mortgage is inconsistent with any applicable provision of the Illinois Mortgage <br />Foreclosure Law, 735 ILCS 5/15-1101 et. seq., as it may from time to time be amended (herein the <br />"Illinois Act"), the provisions of the Illinois Act shall take precedence over the provisions of this <br />Mortgage, but shall not invalidate or render unenforceable any other provision of this Mortgage <br />that can fairly be construed in a manner consistent with the Illinois Act. Without in any way limiting <br />or restricting any of Administrative Agent's rights, remedies, powers and authorities under this <br />Mortgage, and in addition to all of such rights, remedies, powers, and authorities, Administrative <br />Agent shall also have and may exercise any and all rights, remedies, powers and authorities which <br />the holder of a mortgage is permitted to have or exercise under the provisions of the Illinois Act. <br />If any provision of this Mortgage grants to Administrative Agent any rights, remedies, powers or <br />authorities upon default of Mortgagor which are more limited than the rights that would otherwise <br />be vested in Administrative Agent under the Illinois Act in the absence of said provision, <br />Administrative Agent shall be vested with all of the rights, remedies, powers and authorities granted <br />in the Illinois Act to the fullest extent permitted by law. Without limiting the generality of the <br />foregoing, (i) in addition to any other provision of this Mortgage authorizing Administrative Agent <br />to take or be placed in possession of the mortgaged property, or for the appointment of a receiver, <br />Administrative Agent shall have the right, in accordance with 735 ILCS 5/15-1701 and 1702, to be <br />placed in possession of the mortgaged property or at its request to have a receiver appointed, and <br />30 <br />144646513 <br />
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