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202202CC0 (formerly SemMaterials Energy Partners, L.L.C., a Delaware limited liability company), a Texas limited liability company. Section 17.3. Remedies. All references in this Mortgage to self-help, non judicial foreclosure and power of sale shall be deemed to apply to the Other Mortgaged Properties located in New Jersey only to if and to the extent permitted by New Jersey law. If any provision of this Mortgage is inconsistent with any applicable provision of New Jersey law, the provision of New Jersey law shall take precedence over the provisions of this Mortgage as affects the Other Mortgaged Properties located in New Jersey, but shall not invalidate or render unenforceable any other provision of this Mortgage that can fairly be construed in a manner consistent with New Jersey law. Section 17.4. Non -Merger. The rights of Administrative Agent set forth herein shall, to the extent not prohibited by law, extend to the period from and after the filing of any suit to foreclose the lien of this Mortgage, the entry of judgment and any subsequent period including any period allowed by law for the redemption of the Other Mortgaged Properties located in New Jersey after any foreclosure sale, and interest shall accrue on the judgment in the same manner and at the same rate as provided in the Credit Agreement, subject only to the usury savings clauses of the Credit Agreement and this Mortgage, until Administrative Agent has received irrevocable payment in full of all Obligations. Section 17.5. Copy of Mortgage. Borrower represents and warrants that it has received a true copy of this Mortgage without charge. Section 17.6. Modification Priority. This Mortgage is subject to "modification" as such term is defined in P.L. 1985 c.353 (N.J.S.A. 46-9-8.1 et seq.) and shall be subject to the priority provisions thereof. Section 17.7. Fixture Financing Statement. Without limiting anything in Section 1.2, this Mortgage constitutes a security agreement under the New Jersey Uniform Commercial Code and shall be deemed to also constitute a fixture financing statement. Section 17.8. Future Advances. Without limiting anything in this Mortgage, this Mortgage is given for the purpose of creating a lien on real property in order to secure existing indebtedness, and also future advances, whether made before or after default or maturity or other similar events, to the same extent as if such future advances were made on the date of the execution hereof, although there may be no advance made at the time of the execution hereof and although there may be no indebtedness outstanding at the time any advance is made. The types of future advances secured by and having priority under this Mortgage shall include, without limitation, (i) advances and re -advances of principal under the Credit Agreement and (ii) disbursements and other advances for the payment of taxes, assessments, maintenance charges, insurance premiums or costs relating to the Other Mortgaged Properties located in New Jersey, for the discharge of liens having priority over the lien of this Mortgage, for the curing of waste of the Other Mortgaged Properties located in New Jersey and for the payment of service charges and expenses incurred by reason of default and including late charges, attorney's fees and court costs, together with interest thereon. The lien of this Mortgage, as to third persons with or without actual knowledge thereof, shall be valid as to all such indebtedness and future advances, from the date of recordation. Section 17.9. Deficiency. Mortgagor waives all rights or defenses arising by reason of any "one action" and any Requirement of Law prohibiting Administrative Agent from making a claim for deficiency, to the extent Administrative Agent is otherwise entitled to a claim for deficiency, whether before or after Administrative Agent's commencement or completion of any foreclosure action or any other action to exercise its remedies hereunder or otherwise available at a law or in equity. 60 144646513