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<br />200806505 <br /> <br />Section, including the right to remedy any default under said Lease and to exercise any other rights it or <br />Mortgagor has under said Lease Agreement as amended. <br /> <br />(b) Mortgagor specifically requests that a copy of any notice of default and a copy of any <br />notice of sale under this Mortgage be mailed to Mortgagor at the address for Mortgagor specified in this <br />Mortgage. <br /> <br />Section 4.3. Foreclosure. <br /> <br />(a) Upon the occurrence ofa default, Trustee is authorized and empowered and it shall be <br />Trustee's special duty at the request of Administrative Agent to sell the Deed of Trust Mortgaged <br />Properties, or any part thereof, as an entirety or in parcels as Administrative Agent may elect, at such <br />place or places and otherwise in the manner and upon such notice as may be required by Law or, in the <br />absence of any such requirement, as Trustee may deem appropriate. If Trustee shall have given notice of <br />sale hereunder, any successor or substitute Trustee thereafter appointed may complete the sale and the <br />conveyance of the property pursuant thereto as if such notice had been given by the successor or <br />substitute Trustee conducting the sale. Cumulative of the foregoing and the other provisions of this <br />Section 4.3: <br /> <br />(i) As to the Deed of Trust Mortgaged Properties located in the State of <br />Texas, such sales of all or any part of such Deed of Trust Mortgaged Properties shall be <br />conducted at the courthouse of any county (whether or not the counties in which such <br />Deed of Trust Mortgaged Properties are located are contiguous) in the State of Texas in <br />which any part of such Deed of Trust Mortgaged Properties is situated, at public vendue <br />to the highest bidder for cash between the hours often o'clock a.m. and four o'clock p.m. <br />on the first Tuesday in any month or at such other place, time and date as provided by the <br />statutes of the State of Texas then in force governing sales of real estate under powers <br />conferred by deed of trust, after having given notice of such sale in accordance with such <br />statutes. <br /> <br />(ii) As to the Deed of Trust Mortgaged Properties, Trustee may proceed to <br />sell the Mortgaged Properties and any and every part thereof, at public venue, to the <br />highest bidder, at the customary place in the county in which the Deed of Trust <br />Mortgaged Property is located, for cash, first giving the public notice required by Law of <br />the time, terms and place of sale, and of the property to be sold; and upon such sale shall <br />execute and deliver a deed of conveyance of the property sold to the purchaser or <br />purchasers thereof, and any statement or recital of fact in such deed in relation to the <br />nonpayment of money hereby secured to be paid, existence of the secured indebtedness, <br />notice of advertisement, sale, receipt of money, and the happening of any of the events <br />whereby any successor trustee became successor as herein provided, shall be prima facie <br />evidence of the truth of such statement or recital; and Trustee shall receive the proceeds <br />of such sale, out of which Trustee shall pay: first, the cost and expenses of executing this <br />trust, including attorneys' fees and compensation to Trustee for his services; and next to <br />Administrative Agent or its endorsees or assignees, upon the usual vouchers therefor, all <br />monies paid pursuant to or under any provisions set forth herein, in the Credit <br />Agreement, in any of the other Loan Documents or in any agreement evidencing Lender <br />Swap Obligations or Secured Account Exposure; and next to the payment of the secured <br />indebtedness, in such order as Administrative Agent may elect; and the balance of such <br />proceeds, if any, shall be paid to the person or persons legally entitled thereto; and <br />Trustee covenants faithfully to perform the trust herein created. Until a sale shall he held <br /> <br />505901000016 DALLAS 2307301.3 <br /> <br />19 <br /> <br />[MULTI STATE MORTGAGE] <br />