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202202660
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4/12/2022 4:26:50 PM
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4/12/2022 4:26:43 PM
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202202660
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202202660 <br />Special Ohio Provisions <br />Section 20.1. Inconsistencies. With respect to the Property located in the state of Ohio, the <br />provisions set forth in this Article shall apply to and be made a part of the Mortgage. In the event of any <br />inconsistencies between the terms and provisions of this Article and the other terms and provisions of this <br />Mortgage, or to the extent, and only to the extent, any of the terms and provisions in this Article conflict <br />with, or are ambiguous when read together with, any of the other terms and provisions of this Mortgage, <br />the provisions of this Article shall govern. Capitalized words and phrases contained in this Article shall <br />have the definition ascribed to them in the main body of the Mortgage, unless the context manifestly <br />requires otherwise. <br />Section 20.2. No Notice. Mortgagor covenants not to issue a notice pursuant to Section <br />5301.232(c) of the Ohio Revised Code either to Administrative Agent or any other Secured Parties until all <br />Obligations have been satisfied in full. <br />Section 20.3. Powers of Administrative Agent. Administrative Agent or the other Secured <br />Parties, at their option, are authorized and empowered to do all things provided to be done by a mortgagee <br />under Section 1311.14 of the Ohio Revised Code, and any present or future amendments or supplements <br />thereto, for the protection of Lender's interest in the Other Mortgaged Properties in the State of Ohio. <br />ARTICLE XXI <br />Special Pennsylvania Provisions <br />Section 21.1. Inconsistencies. With respect to the Property located in the commonwealth of <br />Pennsylvania, the provisions set forth in this Article shall apply to and be made a part of the Mortgage. In <br />the event of any inconsistencies between the terms and provisions of this Article and the other terms and <br />provisions of this Mortgage, or to the extent, and only to the extent, any of the terms and provisions in this <br />Article conflict with, or are ambiguous when read together with, any of the other terms and provisions of <br />this Mortgage, the provisions of this Article shall govern. Capitalized words and phrases contained in this <br />Article shall have the definition ascribed to them in the main body of the Mortgage, unless the context <br />manifestly requires otherwise. <br />Section 21.2. Open End Mortgage. This Mortgage is an Open -End Mortgage as defined in <br />Section 8143(f) of Title 42 of the Pennsylvania Consolidated Statutes, as amended (the "Pennsylvania <br />Act") and as such, is entitled to the benefits of the Pennsylvania Act. Mortgagor intends that, in addition <br />to any other debt or obligations secured hereby, this Mortgage shall secure unpaid balances of advances <br />and other extensions of credit made after this Mortgage is left for record with the Recorder's Office of <br />Northumberland County, Pennsylvania and the Recorder's Office of Berks County, Pennsylvania, whether <br />such advances are made pursuant to an obligation of Administrative Agent and/or Secured Parties and the <br />Borrower or otherwise. The maximum amount of unpaid indebtedness (which shall consist of unpaid <br />balances after this Mortgage is left for record), which may be outstanding at any time and secured by <br />Property located in Pennsylvania, is equal to $1,000,000,000.00. In addition to the obligations secured <br />hereby, this Mortgage secures unpaid balances of advances made with respect to the Mortgaged Properties, <br />for the payment of taxes, assessments, maintenance charges, insurance premiums or costs incurred for the <br />protection of the Mortgaged Properties or the lien of this Mortgage and expenses (including but not limited <br />to, costs and attorneys' fees) incurred by Administrative Agent and/or Secured Parties by reason of default <br />by Mortgagor or Borrower under this Mortgage or any of the other Loan Documents. Without limiting the <br />provisions in Article IV hereof, delivery to Administrative Agent of any notice provided for in <br />Section 8143(b) of the Pennsylvania Act (a "Security Limitation Notice") shall relieve Administrative <br />Agent and Secured Parties of any obligation to make any further advance of loan proceeds or other <br />63 <br />144646513 <br />
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