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86- 101845 Liabilities; make releases of any portion of the Premises; consent to the making of any map or plat of the Premises; consent to the creation of any easements on the Premises or of any covenants restricting the use or occupancy thereof; or exercise or refrain from exercising, or waive, any right the Trustees, the Agent or the Lenders may have. 3.2 Suits and Proceedings. The Mortgagor agrees to indemnify the Trustees, t— a Agent and the Lenders, and hold the Trustees, the Agent and the Lenders harmless, from and against any and all losses, damages, costs, expenses and claims of any kind whatsoever (including, without limitation, attorneys' fees) which the Trustees, the Agent or the Lenders may pay or incur in connection with any suit or proceeding in or to which the Trustees, the Agent or the Lenders may be made or become a party, which suit or proceeding does or may affect all or any portion of the Collateral or the value, use or operation thereof or this Mortgage or the validity, enforceability, lien or priority hereof or of any of the Liabilities or indebtedness secured hereby. 3.3. Security Agreement and Financing Statement. This Mortgage, to the extent that it conveys, grants a security interest in, or otherwise deals with personal property or with items of personal property which are or may become fixtures, shall also be construed as a security agreement, and also as a financing statement, under the Uniform Commercial Code, as in effect in the state where the subject personal property is located, with the Mortgagor as Debtor (with its respective address as set forth below) and with the Agent as Secured Party (with their address as set forth below). 3.4. Defeasance. Upon full payment of all indebtedness secured and satisfaction of all the Liabilities in accordance with their respective terms and at the time and in the manner provided, and when the Lenders have no further obligation (whether contingent, conditional or otherwise) to make any advance, disbursement or payment of any kind or to extend any credit under or with respect to the Loan Agreement, this conveyance shall be null and void, and thereafter, upon demand therefor, an appropriate instrument of reconveyance or release shall forthwith be made by the Trustees and, insofar as personal property is concerned, the Agent to the Mortgagor at the Mortgagor's expense. 3.5. Notices. Each notice, demand or other communication in connection with this Mortgage shall be in writing and shall be deemed to be given to and served upon the addressee thereof (i) upon actual delivery to such addressee at its address set out below, or (ii) on the third -31- J W