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6' r^ c (y r r // 1 circumstance Administrative Agent and/or the Secured Parties shall ever receive anything of value deemed interest by applicable law which would exceed interest at the highest lawful rate, an amount equal to any excessive interest shall be applied to the reduction of the principal amount owing under the Loan Documents and any other obligations and not to the payment of interest, or if such excessive interest exceeds the unpaid balance of principal under the Loan Documents or any other obligations, such excess shall be refunded to Mortgagor. In the event and only in the event that the applicable law as to the enforcement of this Mortgage or any other Loan Documents is held to be the law of the State of Arizona, all loan origination, standby, commitment and other fees, including attorneys' fees and any commissions or fees paid or to be paid to brokers, prepayment premiums, additional interest, charges, points, goods, things in action or any other sums or things of value, including any compensating balance requirements or other contractual obligations (collectively referred to as the "Additional Sums") paid or payable by Mortgagor, whether pursuant to the Loan Documents or otherwise with respect to the indebtedness secured hereby, or with respect to this Mortgage or any other Loan Documents, that under the laws of the State of Arizona may be deemed to be interest with respect to the indebtedness secured hereby shall, for the purpose of any laws of the State of Arizona that may limit the maximum amount of interest to be charged with respect to the indebtedness secured hereby, be payable by Mortgagor as, and shall be deemed to be, additional interest for such purposes only, and Mortgagor agrees that the contracted for rate of interest shall be the sum of the interest rate set forth in the Loan Documents or any applicable default rate, as applicable, plus the interest rate resulting from the Additional Sums being considered interest. Section 7.7 Certain Statutory Waivers. To the maximum extent permitted by law, Mortgagor unconditionally and irrevocably waives any rights or benefits arising under A.R.S. §§ 12-1556, 12-1641 through and including 12-1644, 33-814, 33-725, 33-727 and 44-142 and Ariz. R. Civ. P. 17(0 or such statutes, rules or similar provisions as may be enacted or adopted hereafter. Section 7.8 Attorney -in -Fact; Coupled with an Interest. Administrative Agent is hereby appointed the true and lawful attorney-in-fact of Mortgagor, in Mortgagor's name, place and stead, which appointment is irrevocable, in Mortgagor's name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Property and rights so sold, and, during the continuance of a Default, for that purpose Administrative Agent may execute all necessary instruments to accomplish the same, and may substitute one or more persons with like power, and Mortgagor hereby ratifies and confirms all that said attorney or such substitute or substitutes shall lawfully do by virtue thereof. Every power of attorney given in this Mortgage is a power coupled with an interest. In no event shall Administrative Agent or the Trustee be obligated to exercise any of the rights and powers for which Mortgagor has granted Administrative Agent and/or the Trustee a power of attorney. For purposes of A.R.S. § 14-5501.E, Mortgagor acknowledges that each power of attorney given in this Mortgage forms a part of this Mortgage, that it is security for money and the performance of valuable acts, and that each of Administrative Agent and/or the Trustee may exercise the power of attorney for its own benefit and need not exercise it for Mortgagor's best interest. Every power of attorney shall be irrevocable and unaffected by the disability of Mortgagor so long as any part of the secured indebtedness remain unpaid or unperformed. Mortgagor hereby separately initials this provision pursuant to A.R.S. §14-5506.B. Initials ARTICLE VIII Special California Provisions Section 8.1. Inconsistencies. With respect to the Property located in the state of California, the 144646513 50