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202202CG0
<br />public sale of the Collateral or prior to the date after which private sale of the Collateral will be
<br />made shall constitute reasonable notice; and
<br />(iv) in the event of a foreclosure of the Liens, privileges, and/or security interests
<br />evidenced hereby, the Collateral, or any part thereof, and the Mortgaged Properties, or any part
<br />thereof, may, at the option of Administrative Agent, be sold, as a whole or in parts, together or
<br />separately (including, without limitation, where a portion of the Mortgaged Properties is sold, the
<br />Collateral related thereto may be sold in connection therewith); and
<br />(v) the expenses of sale provided for in Section 4.6 shall include the reasonable
<br />expenses of retaking the Collateral, or any part thereof, holding the same and preparing the same
<br />for sale or other disposition; and
<br />(vi) should, under this subsection, the Collateral be disposed of other than by sale, any
<br />proceeds of such disposition shall be treated under Section 4.6 as if the same were sales proceeds.
<br />(e) To the fullest extent permitted by any applicable Requirement of Law, the sale hereunder
<br />of less than the whole of the Property shall not exhaust the powers of sale herein granted or the right to
<br />judicial foreclosure, and successive sale or sales may be made until the whole of the Property shall be sold,
<br />and, if the proceeds of such sale of less than the whole of the Property shall be less than the aggregate of
<br />the indebtedness secured hereby and the expense of conducting such sale, this Mortgage and the Liens,
<br />privileges, and security interests hereof shall remain in full force and effect as to the unsold portion of the
<br />Property just as though no sale had been made; provided, however, that Mortgagor shall never have any
<br />right to require the sale of less than the whole of the Property. In the event any sale hereunder is not
<br />completed or is defective in the opinion of Administrative Agent, such sale shall not exhaust the powers of
<br />sale hereunder or the right to judicial foreclosure, and Administrative Agent shall have the right to cause a
<br />subsequent sale or sales to be made. Any sale may be adjourned by announcement at the time and place
<br />appointed for such sale without further notice except as may be required by any Requirement of Law. The
<br />Trustee or his successor or substitute, and Administrative Agent acting under power of sale, respectively,
<br />may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident
<br />to any sale held by it (including, without limitation, the posting of notices and the conduct of sale), and
<br />such appointment need not be in writing or recorded. Any and all statements of fact or other recitals made
<br />in any deed or deeds, or other instruments of transfer, given in connection with a sale as to nonpayment of
<br />the secured indebtedness or as to the occurrence of any default, or as to all of the secured indebtedness
<br />having been declared to be due and payable, or as to the request to sell, or as to notice of time, place and
<br />terms of sale and the properties to be sold having been duly given, or, with respect to any sale by the Trustee,
<br />or any successor or substitute trustee, as to the refusal, failure or inability to act of Trustee or any substitute
<br />or successor trustee or the appointment of any substitute or successor trustee, or as to any other act or thing
<br />having been duly done, shall be taken as prima facie evidence of the truth of the facts so stated and recited.
<br />Notwithstanding any reference herein to the Notes, the Credit Agreement, any other Loan Document or any
<br />Specified Swap Agreement or any Specified Cash Management Agreement, all persons dealing with the
<br />Mortgaged Properties shall be entitled to rely on any document, or certificate, of Administrative Agent as
<br />to the occurrence of an event, such as a Default, and shall not be charged with or forced to review any
<br />provision of any other document to determine the accuracy thereof. With respect to any sale held in
<br />foreclosure of the Liens, privileges, and/or security interests covered hereby, it shall not be necessary for
<br />the Trustee, Administrative Agent, any public officer acting under execution or order of the court or any
<br />other party to have physically present or constructively in his/her or its possession, either at the time of or
<br />prior to such sale, the Property or any part thereof.
<br />Section 4.4. Effective as Mortgage. As to the Deed of Trust Mortgaged Properties, this instrument
<br />shall be effective as a mortgage as well as a deed of trust and upon the occurrence of a default may be
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