202202660 - Laserfiche WebLink

Browse

FOR FORECLOSURE OF A LIEN ON SUCH REAL PROPERTY; (4) THE NATURE OF AN INTEREST IN SUCH REAL PROPERTY THAT RESULTS FROM FORECLOSURE; OR (5) THE MANNER AND EFFECT OF RECORDING OR FAILING TO RECORD EVIDENCE OF ANY TRANSACTION RELATING TO THIS MORTGAGE THAT TRANSFERS OR CREATES AN INTEREST IN SUCH REAL PROPERTY. Section 5.28. CHOICE OF VENUE. MORTGAGOR CONSENTS TO THE JURISDICTION AND VENUE OF ANY COURT LOCATED IN A STATE IN THE EVENT OF ANY LEGAL PROCEEDING UNDER THIS MORTGAGE FOR THAT PORTION OF THE PROPERTY LOCATED IN SUCH STATE. Section 5.29. Limitation on Liability of General Partner. The General Partner, as general partner of Borrower, shall not be liable for the obligations of Borrower under this Mortgage, including, without limitation, by reason of any payment obligation imposed by governing state partnership statutes and any provision of the applicable limited partnership agreement of Borrower that requires the General Partner to restore a capital account deficit. Section 5.30. Limitations as to Parties Constituting Mortgagor. Notwithstanding anything to the contrary contained in this Mortgage, the agreements, covenants, representations and warranties contained herein are made by each Mortgagor as they relate to such Mortgagor and the Property as to which such Mortgagor has any right, title and interest, and not with respect to any other Mortgagor or such other Mortgagor's Property. ARTICLE VI Special Alabama Provisions Section 6.1. Inconsistencies. With respect to the Property located in the state of Alabama, the provisions set forth in this Article shall apply to and be made a part of the Mortgage. In the event of any inconsistencies between the terms and provisions of this Article and the other terms and provisions of this Mortgage, or to the extent, and only to the extent, any of the terms and provisions in this Article conflict with, or are ambiguous when read together with, any of the other terms and provisions of this Mortgage, the provisions of this Article shall govern. Capitalized words and phrases contained in this Article shall have the definition ascribed to them in the main body of the Mortgage, unless the context manifestly requires otherwise. Section 6.2. Expenses. In the event foreclosure proceedings are instituted or filed by Administrative Agent, all reasonable expenses incident to such proceedings, including, but not limited to, attorneys' fees and costs, shall be paid by Mortgagor in accordance with Section 10.5 of the Credit Agreement and secured by this Mortgage and by all of the other Loan Documents securing all or any part of the Obligations evidenced by the Loan Documents. The secured indebtedness and all other obligations secured by this Mortgage, including, without limitation, interest accruing at any post -default rate, any prepayment charge, fee or premium required to be paid under the Loan Documents in order to prepay principal (to the extent permitted by applicable law), reasonable attorneys' fees and any other amounts due and unpaid to Secured Parties under the Loan Documents, may be bid by Administrative Agent in the event of a foreclosure sale hereunder. Section 6.3. Additional Waivers. Mortgagor hereby expressly waives any and all rights of exemption as to personal property as permitted pursuant to Ala. Code Section 6-10-122 (1975). 47 144646513