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?02202060 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 15.2. Special Montana Provisions. MORTGATOR REPRESENTS, WARRANTS AND COVENANTS THAT THE AGGREGATE LAND AREA OF THE FACILITY SITE AND RELATED APPURTENANCES LOCATED IN THE STATE OF MONTANA IS LESS THAN FORTY (40) ACRES. ARTICLE XVI Special Nebraska Provisions Section 16.1. Inconsistencies. With respect to the Property located in the state of Nebraska, 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 16.2. Deed of Trust. This Mortgage shall constitute a trust deed under the Trust Deeds Act (R.R.S. Neb. §§ 76-1001 et seq.). Mortgagor expressly subjects the Property to the Trust Deeds Act, and the Trustee and Administrative Agent shall be accorded all the rights, powers and remedies of a trustee and a beneficiary as provided therein. All rights, powers and remedies of the Trust Deeds Act are hereby incorporated by reference as if the rights, powers and remedies were expressly provided herein, with Administrative Agent as a "beneficiary," Mortgagor as a "trustor," Trustee as a "trustee," this Mortgage as a "trust deed" and the Property as "trust property." Section 16.3. MORTGAGOR UNDERSTANDS THAT (A) THIS MORTGAGE IS A TRUST DEED AND NOT A MORTGAGE (UNLESS ADMINISTRATIVE AGENT ELECTS TO FORECLOSE THIS MORTGAGE AS A MORTGAGE), AND (B) THE POWER OF SALE PROVIDED FOR IN THIS MORTGAGE PROVIDES SUBSTANTIALLY DIFFERENT RIGHTS, DUTIES AND OBLIGATIONS ON MORTGAGOR THAN A MORTGAGE IN EVENT OF DEFAULT OR BREECH OF AN OBLIGATION. ARTICLE XVII Special New Jersey Provisions Section 17.1. Inconsistencies. With respect to the Property located in the state of New Jersey, 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 17.2. Mortgagor. Notwithstanding Mortgagor being captioned as above in this Mortgage, Mortgagor of the Other Mortgaged Properties located in New Jersey is: BKEP MATERIALS, L.L.C. 59 144646513