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202202GG0 Credit Agreement and this Mortgage, and all reasonable costs and expenses of any person engaged to inspect the Mortgaged Property or to examine or insure title thereto, shall first be paid, next, the amount of the secured indebtedness then remaining unpaid shall be paid, and, lastly, any balance remaining shall be paid to Mortgagor or to any other person lawfully entitled thereto. Mortgagor shall remain liable for any deficiency on the secured indebtedness. To the fullest extent permitted by law, Mortgagor waives the provisions of Section 89-1-59 of the Mississippi Code of 1972, as amended, insofar as said section allows Mortgagor to reinstate an accelerated debt. Mortgagor hereby designates as Mortgagor's address for the purpose of notice the address set out in the opening paragraph of this Mortgage or any different address for notice notified by Mortgagor pursuant to the Credit Agreement. Sale of a part of the Mortgaged Property will not exhaust the power of sale, and sales may be made from time to time until all of the Mortgaged Property is sold or all of the secured indebtedness are paid in full. Notwithstanding anything contained herein to the contrary, Administrative Agent may sue and recover judgment on the secured indebtedness or any part thereof without first requesting Trustee to exercise the power of sale granted hereunder and may seek to collect any judgment so obtained by exercising the power of sale hereunder. If instituting suit on the secured indebtedness or any part thereof, Administrative Agent may later abandon, stay or postpone such suit and request Trustee to exercise the power of sale granted hereunder and thereafter recover judgment on the secured indebtedness to the extent remaining unsatisfied. The power of sale granted hereunder may be exercised, at Administrative Agent's discretion, as to all or any part of the Mortgaged Property, and Administrative Agent may sue and recover judgment on the secured indebtedness to the extent remaining unsatisfied after the sale. Neither institution of suit on the secured indebtedness or any part thereof nor exercise of the power of sale granted hereunder as to less than all of the Mortgaged Property shall affect this Mortgage as to the Mortgaged Property not sold pursuant to the power of sale granted hereunder. Section 13.6. Attorneys' Fees and Costs. Mortgagor promises to pay any attorneys' fees provided for in the Credit Agreement and this Mortgage and the Trustee's fee provided for in this Mortgage. If no attorneys' fee is expressly provided in the Credit Agreement, Mortgagor agrees to pay a reasonable attorneys' fee and all costs incurred by Administrative Agent in connection with this Mortgage including, but not limited to, any litigation to protect the priority and validity of this Mortgage or in seeking to have this Mortgage reformed by judicial proceedings, all of which shall be due and payable on demand, shall be secured hereby and shall bear interest from the date of demand until paid or reimbursed at the rate or rates set forth in the Credit Agreement. Section 13.7. Substitution of Trustee. Notwithstanding any conflicting provision in this Mortgage, any appointment of substitute trustee described in Section 5.13 of this Mortgage shall be recorded in the land records of the county in which any Mississippi Mortgaged Properties are located before the substituted trustee shall succeed to, hold, possess and execute all the rights, powers, privileges, immunities and duties conferred upon the Trustee herein. ARTICLE XIV Special Missouri Provisions Section 14.1. Inconsistencies. With respect to the Property located in the state of Missouri, 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. 57 144646513