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Requirement of Law, or in the absence of any such requirement in accordance with Section 8.2 of the Credit <br />Agreement. <br />Section 4.7. Secured Party as Purchaser. Any party constituting a Secured Party under the Credit <br />Agreement shall have the right to bid for and to become the purchaser at any sale held in foreclosure of the <br />Liens, privileges, and/or security interests evidenced hereby, and any party constituting a Secured Party <br />which is purchasing at any such sale shall have the right to credit upon the amount of the bid made therefor, <br />to the extent necessary to satisfy such bid, the secured indebtedness owing to such party, or if such party <br />holds less than all of such indebtedness, the pro rata part thereof owing to such party, accounting to <br />Administrative Agent or any Secured Party, if such party is not joining in such bid, in cash for the portion <br />of such bid or bids apportionable to such non -bidding Secured Party or Secured Parties. Administrative <br />Agent shall have the right to bid for and become the purchaser at any sale held in foreclosure of the Liens, <br />privileges, and/or security interests evidenced hereby and shall be entitled to apply all or any part of the <br />indebtedness as credit to the purchase price to the extent permitted by any applicable Requirement of Law. <br />Section 4.8. Foreclosure as to Matured Debt. Upon the occurrence of a default, Administrative <br />Agent shall have the right to proceed with foreclosure of the Liens, privileges, and/or security interests <br />evidenced hereby without declaring the entire secured indebtedness due, and in such event, any such <br />foreclosure sale may be made subject to the unmatured part of the secured indebtedness and shall not in <br />any manner affect the unmatured part of the secured indebtedness, but as to such unmatured part, this <br />Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of such <br />sale shall be applied as provided in Section 4.6. Several sales may be made hereunder without exhausting <br />the right of sale for any unmatured part of the secured indebtedness. <br />Section 4.9. Remedies Cumulative. All remedies herein provided for are cumulative of each other <br />and of all other remedies existing at any applicable Requirement of Law or in equity and are cumulative <br />of any and all other remedies provided for in any other Loan Document, any Specified Swap Agreement or <br />any Specified Cash Management Agreement, and, in addition to the remedies herein provided, there shall <br />continue to be available all such other remedies as may now or hereafter exist at law or in equity for the <br />collection of the secured indebtedness and the enforcement of the covenants herein and the foreclosure of <br />the Liens, privileges, and/or security interests evidenced hereby, and the resort to any remedy provided for <br />hereunder, under any such other Loan Document, under any Specified Swap Agreement, any Specified <br />Cash Management Agreement, or provided for by any Requirement of Law shall not prevent the concurrent <br />or subsequent employment of any other appropriate remedy or remedies. <br />Section 4.10. Discretion as to Security. Administrative Agent may resort to any security given by <br />this Mortgage or to any other security now existing or hereafter given to secure the payment of the secured <br />indebtedness, in whole or in part, and in such portions and in such order as may seem best to Administrative <br />Agent in its sole and uncontrolled discretion, and any such action shall not in any way be considered as a <br />waiver of any of the rights, benefits, Liens, privileges, or security interests evidenced by this Mortgage. <br />Section 4.11. Mortgagor's Waiver of Certain Rights. To the full extent Mortgagor may do so, <br />Mortgagor agrees that Mortgagor will not at any time insist upon, plead, claim or take the benefit or <br />advantage of any Requirement of Law now or hereafter in force providing for any appraisement, valuation, <br />stay, extension or redemption, and Mortgagor, for Mortgagor, Mortgagor's representatives, successors and <br />assigns, and for any and all persons ever claiming any interest in the Property, to the extent permitted by <br />any applicable Requirement of Law, hereby waives and releases all rights of appraisement, valuation, stay <br />of execution, redemption, notice of intention to mature or declare due the whole of the secured indebtedness, <br />notice of election to mature or declare due the whole of the secured indebtedness and all rights to a <br />marshaling of assets of Mortgagor, including the Property, or to a sale in inverse order of alienation in the <br />event of foreclosure of the Liens, privileges, and/or security interests hereby created. Mortgagor shall not <br />36 <br />144646513 <br />