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<br />200604217
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<br />under the Note after the proceeds of the disposition of the said properties are applied pursuant to
<br />Section 9-620 ofthe DCC.
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<br />Company hereby agrees that it shall and will indemnify and hold harmless Issuer and
<br />Purchaser at all times from and after the date of this Mortgage, for and from any and all claims,
<br />losses, damages, charges, and expenses of every and any kind and character whatsoever growing out
<br />of or referable to this Mortgage, growing out of or referable to Purchaser's taking possession of said
<br />properties, growing out of or referable to any and all actions taken or not taken by Issuer or Purchaser
<br />as a secured party or mortgagee, or growing out of or referable to any and all actions taken or not
<br />taken by Issuer or Purchaser in using, improving, operating, holding, leasing, or selling or otherwise
<br />disposing of all or any portion of said properties.
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<br />SECTION 25. Amendments, Changes, and Modifications. The Mortgage may not,
<br />in any manner, be amended, changed, modified, altered, or released without the written consent of
<br />the parties hereto and the Purchaser, and pursuant to Section 10.04 of the Agreement.
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<br />SECTION 26. Additional Notes. This Mortgage shall stand as security for all
<br />Additional Notes for loans authorized to be made under the Agreement, as well as the Series 2006
<br />Note and any and all future and additional advances made to the Company. All additional Notes
<br />shall be equally and ratably secured along with the Note under the terms of this Mortgage.
<br />
<br />SECTION 27. Attorneys' Fees. The Company hereby agrees in the event of
<br />foreclosure to pay to the Purchaser (and, if appropriate, the Issuer) such reasonable attorneys' fees
<br />as are authorized by law, together with the cost of extending the abstract and all court costs.
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<br />SECTION 28. Definition of Terms. The terms "Company," "Issuer," "Purchaser,"
<br />and "Paying Agent," wherever used in this instrument shall be construed to include heirs, legatees,
<br />devisees, executors, administrators, successors, and assigns where the context may require or permit
<br />and the covenants and agreements herein contained shall bind and inure to the benefit of the
<br />Company, the issuer, Purchaser, and the Paying Agent and their respective heirs, executors,
<br />administrators, successors, and assigns and the terms "Company," "Issuer," "Purchaser," and
<br />"Paying Agent," shall include singular and plural, regardless of gender. All other terms used herein
<br />which are defined in the Agreement shall have the same meanings when used herein as assigned
<br />them in the Agreement unless the context otherwise requires.
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<br />SECTION 29. Waiver. If applicable and if permitted bylaw, the Company hereby
<br />waives and releases any and all rights and remedies related to marshaling of liens and assets,
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