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2()2202060 Article shall have the definition ascribed to them in the main body of the Mortgage, unless the context manifestly requires otherwise. Section 24.2. Statutory Provisions. Notwithstanding anything contained herein to the contrary, this Mortgage is made under and pursuant to the provisions of the Code of Virginia, Sections 55-59, 55- 59.1, 55-59.2, 55-59.3, 55-59.4 and 55-60 as the same may be amended from time to time, and shall be construed to impose and confer upon the parties hereto and Administrative Agent all the rights, duties and obligations prescribed by said Sections, except to the extent otherwise provided in this Mortgage. Section 24.3. Limitation of Debt Secured by this Mortgage as to Deed of Trust Mortgaged Properties Located in Virginia. Notwithstanding any other provision of this Mortgage, the maximum amount of the indebtedness secured by this Mortgage as to Deed of Trust Mortgaged Properties located in Virginia is the principal amount of Eight Million Seven Hundred Ninety Two Thousand Four Hundred Six Dollars ($14,704,406.00), plus interest, costs and other expenses set forth herein. ARTICLE XXV Special Washington Provisions Section 25.1. Inconsistencies. With respect to the Property located in the state of Washington, 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 25.2. Property Use. Mortgagor warrants and covenants that the Property is not used principally for agricultural purposes and that the indebtedness secured by this Mortgage was not made primarily for personal, family, or household purposes. The indebtedness secured by this Mortgage is primarily for commercial, investment or business purposes, and not for personal, family or household purposes, within the meaning of RCW 19.52.080. Section 25.3. Deficiency Judgment. To the extent permitted by any applicable Requirement of Law, Trustee or Administrative Agent may obtain a deficiency judgment if the net sales proceeds of any sale of the Property under the power of sale granted by this Mortgage are insufficient to pay in full all of the obligations secured hereby. Section 25.4. Oral Agreements. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. Section 25.5. Capacity of Mortgagee. Notwithstanding anything to the contrary herein, Grantor agrees and acknowledges that Administrative Agent is acting under this Mortgage not in its individual capacity but solely as "Administrative Agent" for the Lenders under the Credit Agreement. Administrative Agent agrees and acknowledges that, in its capacity as the beneficiary of this Mortgage, it is solely an agent for the Lenders. As such, in the exercise of the rights and duties of the mortgagee or beneficiary under this Mortgage, Administrative Agent shall act solely under the control and direction of the Lenders and be expressly subject to the terms of Credit Agreement." 66 144646513