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L 86-- 101845 party or of which they have knowledge affecting the lien hereof or the Collateral, or any part thereof, and will take such action, employing attorneys agreeable to the Trustees and Agent, as may be necessary or appropriate to preserve the Mortgagor's, the Trustees', the Agent's and the Lenders' rights affected thereby and /or to hold harmless the Trustees, the Agent and the Lenders in respect of such proceedings; and should the Mortgagor fail or refuse to take any such action, the Trustees, the Agent or the Lenders may, upon giving prior written notice thereof to the Mortgagor, take such action in behalf and in the name of the Mortgagor and at the Mortgagor's expense. Moreover, the Agent, or the Trustees on behalf of the Agent and the Lenders, may take such independent action in connection therewith as they may in their discretion deem proper, the Mortgagor hereby agreeing that all sums advanced or all expenses incurred in such actions plus interest at an annual rate equal to the after maturity rate of interest from time to time accruing on the Notes (or if the Notes have been paid in full, then at an annual rate equal to the after maturity rate of interest from time to time accruing on the Surco Note) will, on demand, be reimbursed, as appropriate, to the Agent, the Trustees, the Lenders, or any receiver appointed hereunder. The obligations of the Mortgagor as hereinabove set forth in this Section 3.15 shall survive the release of this instrument. 3.16. Action by Individual Trustee. Any Trustee from time to time serving hereunder shall have the absolute right, acting individually, to take any action and to give any consent and to exercise any right, remedy, power, 3 privilege or authority conferred upon the Trustees, and any action taken by either Trustee from time to time serving` hereunder shall be binding upon the other Trustee and no person dealing with either Trustee from time to time serving hereunder shall be obligated to confirm the power and authority of such Trustee to act without the concurrence of the other Trustee. In this instrument, the term '"Trustee" shall mean the Trustees hereinabove named, or either of them, as the context requires, and any successor Trustee. 3.17. Execution in Counterparts. This instrument may —any be executed in number of counterparts, each of which shall for all purposes be deemed to be an original and all of which are identical, except that, to facilitate recordation or filing, in any particular counterpart portions of the Exhibits hereto which describe properties situated in counties other than the county in which such counterpart is to be recorded or filed may have been omitted. -35- u J L