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202202060
<br />foreclosed as to the Deed of Trust Mortgaged Properties, or any portion thereof, in any manner permitted
<br />by any applicable Requirement of Law, and any foreclosure suit may be brought by Trustee or by
<br />Administrative Agent. To the extent, if any, required to cause this instrument to be so effective as a
<br />mortgage as well as a deed of trust, Mortgagor hereby mortgages the Deed of Trust Mortgaged Properties
<br />to Administrative Agent. In the event a foreclosure hereunder as to the Deed of Trust Mortgaged Properties,
<br />or any part thereof, shall be commenced by Trustee, or his substitute or successor, Administrative Agent
<br />may at any time before the sale of such properties direct Trustee to abandon the sale, and may then institute
<br />suit for the foreclosure of this Mortgage as to such properties. It is agreed that if Administrative Agent
<br />should institute a suit for the foreclosure of this Mortgage, Administrative Agent may at any time before
<br />the entry of a final judgment in said suit dismiss the same, and require Trustee, its substitute or successor,
<br />to sell the Deed of Trust Mortgaged Properties, or any part thereof, in accordance with the provisions of
<br />this Mortgage. This Mortgage shall also constitute and may be enforced from time to time as an assignment,
<br />chattel mortgage, contract, deed of trust, mortgage, financing statement and security agreement, and from
<br />time to time as any one or more thereof as appropriate under any applicable Requirement of Law.
<br />Administrative Agent shall be entitled to all of the rights, remedies and benefits of a secured party,
<br />mortgagee and a beneficiary granted under any applicable Requirement of Law; and, to the fullest extent
<br />of such law, shall be entitled to enforce such rights, remedies and benefits. Mortgagor intends and hereby
<br />grants to Administrative Agent all rights, powers and remedies accorded a secured party, mortgagee and a
<br />beneficiary under any applicable Requirement of Law whether or not such rights, powers and remedies are
<br />expressly granted or reserved herein.
<br />Section 4.5. Receiver. In addition to all other remedies herein provided for, Mortgagor agrees that,
<br />upon the occurrence of a default, Administrative Agent shall as a matter of right be entitled to the
<br />appointment of a receiver or receivers by ex parte application, without notice to Mortgagor (except in
<br />Oklahoma a receiver may only be appointed in accordance with OKLA. STAT. title 12 § 1551; and in
<br />Virginia a receiver may only be appointed without notice in accordance with Sections 8.01-592 and 8.01-
<br />594, Code of Virginia (1950), as amended), for all or any part of the Property, whether such receivership
<br />be incident to a proposed sale (or sales) of such property or otherwise, and without regard to the value of
<br />the Property or the solvency of any person or persons liable for the payment of the indebtedness secured
<br />hereby. Furthermore, Mortgagor does hereby consent to the appointment of such receiver or receivers,
<br />waives any and all defenses to such appointment, and agrees not to oppose any application therefor by
<br />Administrative Agent, and agrees that such appointment shall in no manner impair, prejudice or otherwise
<br />affect the rights of Administrative Agent under Article III hereof. Mortgagor expressly waives notice of a
<br />hearing for appointment of a receiver and the necessity for bond or an accounting by the receiver. Any
<br />receiver shall have all powers conferred by the court appointing such receiver, which powers shall, to the
<br />extent not prohibited by any applicable Requirement of Law, include, without limitation, the right to enter
<br />upon and take immediate possession of the Property or any part thereof, to exclude Mortgagor therefrom,
<br />to hold, use, operate, manage and control the Property, to make all such repairs, replacements, alterations,
<br />additions and improvements to the same as such receiver or Administrative Agent may deem proper or
<br />expedient, to lease, sell or otherwise transfer the Property or any portion thereof as such receiver or
<br />Administrative Agent may deem proper or expedient, and to demand and collect all of the other earnings,
<br />rents, issues, profits, proceeds and other sums due or to become due with respect to the Property. Nothing
<br />herein is to be construed to deprive Administrative Agent of any other right, remedy or privilege it may
<br />now or hereafter have under any applicable Requirement of Law to have a receiver appointed. Any money
<br />advanced by Administrative Agent in connection with any such receivership shall be a demand obligation
<br />(which obligation Mortgagor hereby expressly promises to pay) owing by Mortgagor to Administrative
<br />Agent and shall bear interest, from the date of making such advancement by Administrative Agent until
<br />paid, at the rate set forth in Section 2.9(c) of the Credit Agreement.
<br />Section 4.6. Proceeds of Foreclosure. The proceeds of any sale held in foreclosure of the Liens,
<br />privileges, and/or security interests evidenced hereby shall be applied as required by any applicable
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