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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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DEEDS
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202202660
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of delivery, or by registered or certified United States mail, postage prepaid, at the addresses specified at <br />the end of this Mortgage (unless changed by similar notice in writing given by the particular party whose <br />address is to be changed). Any such notice or communication shall be deemed to have been given (a) in <br />the case of personal delivery or delivery service, as of the date of first attempted delivery at the address and <br />in the manner provided herein, (b) in the case of facsimile or other electronic transmission, upon receipt, <br />and (c) in the case of registered or certified United States mail, three days after deposit in the mail. <br />Notwithstanding the foregoing, or anything else in the Loan Documents, any Specified Swap Agreements, <br />or any Specified Cash Management Agreements which may appear to the contrary, any notice given in <br />connection with a foreclosure of the Liens, privileges, and/or security interests created hereunder, or <br />otherwise in connection with the exercise by Administrative Agent or Trustee of their respective rights <br />hereunder or under any other Loan Document or any Specified Swap Agreement or any Specified Cash <br />Management Agreement, which is given in a manner permitted by any applicable Requirement of Law shall <br />constitute proper notice; without limitation of the foregoing, notice given in a form required or permitted <br />by statute shall (as to the portion of the Property to which such statute is applicable) constitute proper notice. <br />Section 5.17. Invalidity of Certain Provisions. A determination that any provision of this <br />Mortgage is unenforceable or invalid shall not affect the enforceability or validity of any other provision <br />and the determination that the application of any provision of this Mortgage to any person or circumstance <br />is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to <br />other persons or circumstances. <br />Section 5.18. Reporting Compliance. Mortgagor agrees to comply with any and all reporting <br />requirements applicable to the transaction evidenced by the Notes and secured by this Mortgage which are <br />set forth in any Requirement of Law of any Governmental Authority, and further agrees upon request of <br />Administrative Agent to furnish Administrative Agent with evidence of such compliance. <br />Section 5.19. Gender, Titles. Within this Mortgage, words of any gender shall be held and <br />construed to include any other gender, and words in the singular number shall be held and construed to <br />include the plural, unless the context otherwise requires. Titles appearing at the beginning of any <br />subdivisions hereof are for convenience only, do not constitute any part of such subdivisions, and shall be <br />disregarded in construing the language contained in such subdivisions. <br />Section 5.20. Recording. Mortgagor will cause this Mortgage and all amendments and <br />supplements thereto and substitutions therefor and all financing statements and continuation statements <br />relating thereto to be recorded, filed, re-recorded and refiled in such manner and in such places as Trustee <br />or Administrative Agent shall reasonably request and will pay all such recording, filing, re-recording and <br />refiling taxes, fees and other charges. <br />Section 5.21. Certain Consents. Except where otherwise expressly provided herein, in any <br />instance hereunder where the approval, consent or the exercise of judgment of Administrative Agent is <br />required, the granting or denial of such approval or consent and the exercise of such judgment shall be <br />within the sole discretion of Administrative Agent, and Administrative Agent shall not, for any reason or <br />to any extent, be required to grant such approval or consent or exercise such judgment in any particular <br />manner, regardless of the reasonableness of either the request or Administrative Agent's judgment. <br />Notwithstanding the foregoing discretion of Administrative Agent, consent shall not be withheld by <br />Administrative Agent for the plugging and abandonment of any well that is subject to a Chiefs Order to <br />Plug and Abandon, issued by the Chief, Division of Oil & Gas, Ohio Department of Natural Resources. <br />Section 5.22. Certain Obligations of Mortgagor. Without limiting Mortgagor's obligations <br />hereunder, Mortgagor's liability hereunder shall extend to and include all post petition interest, expenses, <br />and other duties and liabilities with respect to Mortgagor's obligations hereunder which would be owed but <br />45 <br />144646513 <br />
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