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200600022
<br />by the other Security Instruments shall continue in full force and effect without loss of priority as
<br />a lien and security interest securing the payment of that portion of the Obligations then due and
<br />payable but still outstanding. Borrower acknowledges and agrees that the Property and the other
<br />Mortgaged Properties are located in one or more States and counties, and therefore
<br />Administrative Agent shall be permitted to enforce payment of the ' Obligations and the
<br />performance of any term, covenant or condition of the Note, this Security Instrument, the Loan
<br />Documents or the other Security Instruments and exercise any and all rights and remedies under
<br />the Note, this Security Instrument, the other Loan Documents or the other Security Instruments,
<br />or as provided by law or at equity, by one or more proceedings, whether contemporaneous,
<br />consecutive or both, to be determined by Administrative Agent, in its sole discretion, in any one
<br />or more of the States or counties in which the Property or any other Mortgaged Property is
<br />located. Neither the acceptance of this Security Instrument, the other Loan Documents or the
<br />other Security Instruments nor the enforcement thereof in any one State .or county, whether by
<br />court action, foreclosure, power of sale or otherwise, shall prejudice or in any way limit or
<br />preclude enforcement by court action, foreclosure, power of sale or otherwise, of the Note, this
<br />Security Instrument, the other Loan Documents, or any other Security Instruments through one
<br />or more additional proceedings in that State or county or in any other State or county. Any and
<br />all sums received by Administrative Agent under the Note, this Security Instrument, and the
<br />other Loan Documents shall be applied to the Obligations in such order and priority as
<br />Administrative Agent shall determine, in its sole discretion, without regard to the Allocated
<br />Payoff Amount for the Property or any other Mortgaged Property or the appraised value of the
<br />Property or any Mortgaged Property.
<br />Section 14.9 ACCESS AND INTERCREDITOR AGREEMENT. This Security Instrument shall
<br />be subject to the provisions of the Access and Intercreditor Agreement.
<br />Article 15 - STATUS OF BORROWER
<br />Section 15.1 STATUS of BoRRowER. Borrower's exact legal name is correctly set forth
<br />in the first paragraph of this Security Instrument and the signature block at the end of this
<br />Security Instrument. Borrower is an organization of the type specified in the first paragraph of
<br />this Security Instrument. Borrower is incorporated in or organized under the laws of the state
<br />specified in the first paragraph of this Security Instrument. Borrower's principal place of
<br />business and chief executive office, and the place where Borrower keeps its books and records,
<br />including recorded data of any kind or nature, regardless of the medium or recording, including
<br />software, writings, plans, specifications and - schematics, has been for the preceding four months
<br />(or, if less, the entire period of the existence of Borrower) the address of Borrower set forth on
<br />the first page of this Security Instrument. Borrower will not change or permit to be changed (a)
<br />Borrower's name, (b) Borrower's identity (including its trade name or names), (c) Borrower's
<br />principal place of business set forth on the first page of this Security Instrument, (d) the
<br />corporate, partnership or other organizational structure of Borrower, (e) Borrower's state of
<br />organization, or (f) Borrower's organizational number, without notifying Administrative Agent
<br />of such change in writing at least thirty (30) days prior to the effective date of such change and,
<br />in the case of a change in Borrower's structure, without first obtaining the prior written consent
<br />of Administrative Agent, unless such consent is not required pursuant to the other Loan
<br />Documents. If Borrower does not now have an organizational identification number and later
<br />obtains one, Borrower promptly shall notify Administrative Agent of such organizational
<br />identification number.
<br />SE:1
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