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2022 2G G 0 Special Arizona Provisions Section 7.1 Inconsistencies. With respect to the Property located in the state of Arizona, 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 7.2 Receiver. Administrative Agent may apply for the appointment of a receiver, trustee, liquidator or conservator of the Mortgaged Properties and Collateral on an ex parte basis (any required notice of such appointment or proceeding being hereby expressly waived including, without limitation on any rights provided in A.R.S. §33-702.B and §12-1242) and without regard to the adequacy of the security for the secured indebtedness and without a showing of insolvency, fraud or mismanagement on the part of Mortgagor, Borrower or any guarantors. Any receiver or other party so appointed shall have all powers permitted by law that shall be necessary or usual in such cases for the protection, possession, control, management and operation of the Mortgaged Properties and Collateral. At the option of Administrative Agent, the receiver or trustee shall serve without any requirement of posting a bond. Section 7.3 Resort to Payment. Administrative Agent may resort for the payment of the secured indebtedness to any other security held by Administrative Agent in such order and manner as Administrative Agent, in its discretion, may elect. Administrative Agent may take action to recover the secured indebtedness, or any portion thereof, or to enforce any covenant hereof without prejudice to the right of Administrative Agent thereafter to foreclose this Mortgage. The rights of Administrative Agent under this Mortgage shall be separate, distinct and cumulative and none shall be given effect to the exclusion of the others. No act of Administrative Agent shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision. Administrative Agent shall not be limited exclusively to the rights and remedies herein stated but shall be entitled to every right and remedy now or hereafter afforded at law or in equity. Section 7.4 Costs of Administrative Agent. Mortgagor shall, at its sole cost and expense, protect, defend, indemnify, release and hold harmless Administrative Agent and the Secured Parties, from and against, and shall be responsible for, all losses, claims, damages and liabilities imposed upon or incurred by or asserted against and directly or indirectly arising out of or in any way relating to any tax on the making and/or recording of this Mortgage in accordance with Section 10.5 of the Credit Agreement. Section 7.5 Fixture Filing. To the extent required by A.R.S. § 47-9502.B and C, it is hereby recited that because a portion of the Property may constitute fixtures, this Mortgage is to be recorded in the office where a mortgage would be recorded, which is the office of the County Recorder of Maricopa County, Arizona. Administrative Agent shall be entitled to proceed as to both the Lands and all personal or mixed property that is part of the Property and all fixtures in accordance with Administrative Agent's rights and remedies with respect to the Property as provided by A.R.S. § 47-9604.A and B. Section 7.6 Maximum Interest Rate. Mortgagor agrees to pay an effective rate of interest that is equal to the rate provided for in the Credit Agreement or the other Loan Documents together with all other payments of, or in the nature of, interest to be made by Mortgagor to Administrative Agent and/or the Secured Parties under the Loan Documents. If under any circumstances whatsoever, interest hereunder would otherwise be payable at a rate in excess of that permitted under applicable law, then, the interest payable shall be reduced to the maximum amount permitted under applicable law, and if under any 49 144646513