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202202060 Section 9.3. Statute of Frauds. Under I.C. 9-505(5), a promise or commitment to lend money or to grant credit in an original principal amount of fifty thousand dollars ($50,000) of more, made by a person or entity engaged in the business of lending money or extending credit, must be in writing or such a promise or commitment is not valid. Section 9.4. One Action Rule. Pursuant to I.C. 6-101, Idaho maintains a one -action rule for the recovery of any debt or the enforcement of any right secured by a mortgage upon real property. Thus, upon the occurrence and during the continuance of any Event of Default, in order for Secured Party to collect on the indebtedness secured by the Mortgage, Secured Party must foreclose on this Mortgage. Section 9.5. Deficiency Judgment. In the event of a mortgage foreclosure, the parties acknowledge that Idaho law may limit the amount of any deficiency judgment to the difference between the indebtedness (plus costs of foreclosure and sale) and the reasonable value of the Mortgaged Property. ARTICLE X Special Indiana Provisions Section 10.1. Inconsistencies. With respect to the Property located in the state of Indiana, 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 10.2. Indiana Responsible Property Transfer Law. To the best of Mortgagor's actual knowledge, the Mortgaged Properties located in Indiana (the "Indiana Properties"): (a) do not contain any facility that is subject to reporting under Section 312 of the Emergency Planning and Community Right -to -Know Act of 1986 (42 U.S,C. 11022); (b) is not the site of one (1) or more underground storage tanks for which notification is required under 42 U.S.C. 6991a and IC 13-23-1- 2(c)(8)(A); and (c) is not listed on the Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) in accordance with Section 116 of CERCLA (42 U.S.C. 9616). Mortgagor has complied with the Responsible Property Transfer Law of Indiana (Ind. Code § 1325- 3-1 et seq.) in all respects in connection with its execution of this Mortgage. Section 10.3. Costs of Foreclosure/Indiana Properties. In any suit to foreclose the Lien hereof or enforce any other remedy of Administrative Agent under this Mortgage with respect to the Indiana Properties, there shall be allowed and included as additional indebtedness in the decree for sale or other judgment or decree all expenditures and expenses which may be paid or incurred by or on behalf of Administrative Agent for reasonable attorneys' costs and fees (including the costs and fees of paralegals), survey charges, appraiser's fees, inspecting engineer's and/or architect's fees, fees for environmental studies and assessments and all additional expenses incurred by Administrative Agent with respect to environmental matters, outlays for documentary and expert evidence, stenographer's charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring 52 144646513