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<br />200806505
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<br />such sale ofless than the whole of the Property shall be less than the aggregate of the indebtedness
<br />secured hereby and the expense of conducting such sale, this Mortgage and the Liens, privileges, and
<br />security interests hereof shall remain in full force and effect as to the unsold portion of the Property just
<br />as though no sale had been made; provided, however, that Mortgagor shall never have any right to require
<br />the sale ofless than the whole of the Property. In the event any sale hereunder is not completed or is
<br />defective in the opinion of Administrative Agent, such sale shall not exhaust the powers of sale hereunder
<br />or the right to judicial foreclosure, and Administrative Agent shall have the right to cause a subsequent
<br />sale or sales to be made. Any sale may be adjourned by announcement at the time and place appointed
<br />for such sale without further notice except as may be required by Law. The Trustee or his successor or
<br />substitute and the Administrative Agent acting under power of sale, respectively, may appoint or delegate
<br />anyone or more persons as agent to perform any act or acts necessary or incident to any sale held by it
<br />(including, without limitation, the posting of notices and the conduct of sale), and such appointment need
<br />not be in writing or recorded. Any and all statements of fact or other recitals made in any deed or deeds,
<br />or other instruments of transfer, given in connection with a sale as to nonpayment of the secured
<br />indebtedness or as to the occurrence of any default, or as to all of the secured indebtedness having been
<br />declared to be due and payable, or as to the request to sell, or as to notice of time, place and terms of sale
<br />and the properties to be sold having been duly given, or, with respect to any sale by the Trustee, or any
<br />successor or substitute trustee, or by Administrative Agent as to the refusal, failure or inability to act of
<br />Trustee or any substitute or successor trustee or the appointment of any substitute or successor trustee, or
<br />as to any other act or thing having been duly done, shall be taken as prima facie evidence of the truth of
<br />the facts so stated and recited. Notwithstanding any reference herein to the Notes, the Credit Agreement,
<br />any other Loan Document or any agreement evidencing Lender Swap Obligations, all persons dealing
<br />with the Mortgaged Properties shall be entitled to rely on any document, or certificate, of the
<br />Administrative Agent as to the occurrence of an event, such as an Event of Default, and shall not be
<br />charged with or forced to review any provision of any other document to determine the accuracy thereof.
<br />With respect to any sale held in foreclosure ofthe Liens, privileges, and/or security interests covered
<br />hereby, it shall not be necessary for the Trustee, Administrative Agent, any public officer acting under
<br />execution or order of the court or any other party to have physically present or constructively in his/her or
<br />its possession, either at the time of or prior to such sale, the Property or any part thereof.
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<br />Section 4.4. Effective as Mort2a2e. As to the Deed of Trust Mortgaged Properties, this
<br />instrument shall be effective as a mortgage as well as a deed of trust and upon the occurrence of a
<br />default may be foreclosed as to the Deed of Trust Mortgaged Properties, or any portion thereof, in any
<br />manner permitted by applicable Law, and any foreclosure suit may be brought by Trustee or by
<br />Administrative Agent. To the extent, if any, required to cause this instrument to be so effective as a
<br />mortgage as well as a deed of trust, Mortgagor hereby mortgages the Deed of Trust Mortgaged
<br />Properties to Administrative Agent. In the event a foreclosure hereunder as to the Deed of Trust
<br />Mortgaged Properties, or any part thereof, shall be commenced by Trustee, or his substitute or
<br />successor, Administrative Agent may at any time before the sale of such properties direct Trustee to
<br />abandon the sale, and may then institute suit for the foreclosure of this Mortgage as to such properties.
<br />It is agreed that if Administrative Agent should institute a suit for the foreclosure of this Mortgage,
<br />Administrative Agent may at any time before the entry of a final judgment in said suit dismiss the same,
<br />and require Trustee, its substitute or successor, to sell the Deed of Trust Mortgaged Properties, or any
<br />part thereof, in accordance with the provisions of this Mortgage.
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<br />Section 4.5. Receiver. In addition to all other remedies herein provided for, Mortgagor agrees
<br />that, upon the occurrence of a default, Administrative Agent shall as a matter of right be entitled to the
<br />appointment of a receiver or receivers by ex parte application, without notice to Mortgagor (except in
<br />Oklahoma a receiver may only be appointed in accordance with OKLA. STAT. title 12 91551), for all
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<br />[MULTI STATE MORTGAGE]
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