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instances, for the purpose for which given and to the extent therein specified. No notice to nor demand on
<br />Mortgagor in any case shall of itself entitle Mortgagor to any other or further notice or demand in similar
<br />or other circumstances. Acceptance of any payment in an amount less than the amount then due on any
<br />secured indebtedness shall be deemed an acceptance on account only and shall not in any way excuse the
<br />existence of a default hereunder.
<br />Section 5.8. Mortgagor's Successors. In the event the ownership of the Property or any part
<br />thereof becomes vested in a person other than Mortgagor, then, without notice to Mortgagor, such successor
<br />or successors in interest may be dealt with, with reference to this Mortgage and to the indebtedness secured
<br />hereby, in the same manner as with Mortgagor, without in any way vitiating or discharging Mortgagor's
<br />liability hereunder or for the payment of the indebtedness or performance of the obligations secured hereby.
<br />No transfer of the Property, no forbearance, and no extension of the time for the payment of the indebtedness
<br />secured hereby, shall operate to release, discharge, modify, change or affect, in whole or in part, the liability
<br />of Mortgagor hereunder or for the payment of the indebtedness or performance of the obligations secured
<br />hereby or the liability of any other person hereunder or for the payment of the indebtedness secured hereby.
<br />Section 5.9. Place of Payment. All secured indebtedness which may be owing hereunder at any
<br />time by Mortgagor shall be payable at the place designated in the Credit Agreement or Notes (or if no such
<br />designation is made, at the address of Administrative Agent indicated at the end of this Mortgage), or at
<br />such other place as Administrative Agent may designate in writing.
<br />Section 5.10. Subrogation to Existing Liens. To the extent that proceeds of the Notes are used to
<br />pay indebtedness secured by any outstanding Lien, privilege, security interest, charge or prior encumbrance
<br />against the Property, such proceeds have been advanced at Mortgagor's request, and the party or parties
<br />advancing the same shall be subrogated to any and all rights, security interests, privileges, and Liens owned
<br />by any owner or holder of such outstanding Liens, privileges, security interests, charges or encumbrances,
<br />irrespective of whether said Liens, privileges, security interests, charges or encumbrances are released, and
<br />it is expressly understood that, in consideration of the payment of such indebtedness, Mortgagor hereby
<br />waives and releases all demands and causes of action for offsets and payments to, upon and in connection
<br />with the said indebtedness.
<br />Section 5.11. Application of Payments to Certain Indebtedness. If any part of the secured
<br />indebtedness cannot be lawfully secured by this Mortgage or if any part of the Property cannot be lawfully
<br />subject to the Lien, privilege, and security interest hereof to the full extent of such indebtedness, then all
<br />payments made shall be applied on said indebtedness first in discharge of that portion thereof which is not
<br />secured by this Mortgage.
<br />Section 5.12. Compliance With Usury Laws. It is the intent of Mortgagor, Administrative Agent
<br />and all other parties to the Loan Documents and the Specified Swap Agreements and Specified Cash
<br />Management Agreements to contract in strict compliance with any applicable usury Requirement of Law
<br />from time to time in effect. In furtherance thereof, it is stipulated and agreed that none of the terms and
<br />provisions contained herein, in the other Loan Documents or in any Specified Swap Agreement or any
<br />Specified Cash Management Agreement shall ever be construed to create a contract to pay, for the use,
<br />forbearance or detention of money, interest in excess of the maximum amount of interest permitted to be
<br />collected, charged, taken, reserved, or received by any applicable Requirement of Law from time to time
<br />in effect.
<br />Section 5.13. Substitute Trustee. The Trustee may resign by an instrument in writing addressed to
<br />Administrative Agent, or Trustee may be removed at any time with or without cause and without formal
<br />notice to the original or any successor Trustee, or to Mortgagor, and Administrative Agent may, without
<br />regard to the willingness or inability of any such successor Trustee to execute this Mortgage, appoint, by
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