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<br />200806505
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<br />time for any action for the collection of indebtedness by reference to the time of exercise of any remedy
<br />available hereunder, or extending the time for enforcing collection of the indebtedness or creating or
<br />extending a period of redemption from any sale made in collecting the indebtedness. Mortgagor
<br />acknowledges and agrees that the property described herein may be part of collateral located in more
<br />than one state, and therefor Mortgagor waives and relinquishes any and all rights it may have, whether
<br />at Law or equity, to require Administrative Agent to proceed to enforce or exercise any rights, powers
<br />and remedies they may have under the Loan Documents or the agreements evidencing Lender Swap
<br />Obligations in any particular marmer, in any particular order, or in any particular state or other
<br />jurisdiction. Mortgagor further agrees that any particular proceeding, including without limitation
<br />foreclosure through court action (in a state or federal court) or power of sale, may be brought and
<br />prosecuted in anyone or more states as to all or any part of the collateral, wherever located, without
<br />regard to the fact that anyone or more prior or contemporaneous proceedings have been commenced
<br />elsewhere with respect to the same or any other part of the collateral. If any Law referred to in this
<br />section and now in force, of which Mortgagor or Mortgagor's representatives, successors or assigns or
<br />any other persons claiming any interest in the Mortgaged Properties or the Collateral might take
<br />advantage despite this section, shall hereafter be repealed or cease to be in force, such Law shall not
<br />thereafter be deemed to preclude the application of this section.
<br />
<br />Section 4.12. MortlZalZor as Tenant Post-Foreclosure. In the event there is a foreclosure sale
<br />hereunder and at the time of such sale Mortgagor or Mortgagor's representatives, successors or assigns
<br />or any other persons claiming any interest in the Property by, through or under Mortgagor are
<br />occupying or using the Property, or any part thereof, each and all shall immediately become the tenant
<br />of the purchaser at such sale, which tenancy shall be a tenancy from day to day, terminable at the will of
<br />either landlord or tenant, at a reasonable rental per day based upon the value of the property occupied,
<br />such rental to be due daily to the purchaser. To the extent permitted by applicable Law, the purchaser
<br />at such sale shall, notwithstanding any language herein apparently to the contrary, have the sole option
<br />to demand immediate possession following the sale or to permit the occupants to remain as tenants at
<br />will. In the event the tenant fails to surrender possession of said property upon demand, the purchaser
<br />shall be entitled to institute and maintain a summary action for possession of the property (such as an
<br />action for forcible entry and detainer) in any court having jurisdiction.
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<br />Section 4.13 . Waiver of Arkansas RilZht of Redemption. In addition to and without limitation
<br />to the foregoing in any manner, Mortgagor hereby releases unto Administrative Agent, LlC Issuer and
<br />Lenders all right of redemption under the Laws of the State of Arkansas, including without limitation
<br />all rights under Ark. Code Ann. ~ 18.49-1 06, as amended.
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<br />Section 4.14. Waiver of Oklahoma Appraisement. As to Property situated in or otherwise
<br />subject to the Laws of the State of Oklahoma, appraisement of the Property is hereby waived (or not) at
<br />the option of Administrative Agent, such option to be exercised at the time judgment is rendered in any
<br />foreclosure hereof or at any time prior thereto.
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<br />Section 4.15. Federal and Tribal Transfers. Upon a sale conducted pursuant to this Article IV
<br />of all or any portion of the Mortgaged Properties consisting of interest (the "Federal and Tribal
<br />Interests") in leases, easements, rights-of-way, agreements or other documents and instruments
<br />covering, affecting or otherwise relating to federal or tribal lands (including, without limitation, leases,
<br />easements and rights-of-way issued by the Bureau of Land Management; leases, easements, and rights-
<br />of-way issued by the Bureau of Indian Affairs; and leases, easements, rights-of-way and minerals
<br />agreements with tribal governments or agencies or allottees), Mortgagor agrees to take all action and
<br />execute all instruments necessary or advisable to transfer the Federal and Tribal Interest to the
<br />purchaser at such sale, including without limitation, to execute, acknowledge and deliver assignments
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<br />505901000016 DALLAS 2307301.3
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