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<br />200806505
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<br />shall not terminate upon the release, foreclosure or other termination of this Mortgage but will survive
<br />such release, termination and/or foreclosure of this Mortgage, or conveyance in lieu offoreclosure, and
<br />the repayment of the secured indebtedness and the discharge and release of this Mortgage and the other
<br />documents evidencing and/or securing the secured indebtedness. Any amount to be paid hereunder by
<br />Mortgagor to Trustee shall be a demand obligation owing by Mortgagor to Trustee and shall be subject
<br />to and covered by the provisions of Section 2.2 hereof.
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<br />Section 5.15. Release of Mortg:ag:e. If all of the secured indebtedness be paid as the same
<br />becomes due and payable, all other requirements of the Credit Agreement are satisfied and all of the
<br />covenants, warranties, undertakings and agreements made in this Mortgage are kept and performed, and
<br />if neither the Mortgagor nor any Administrative Agent, LlC Issuer nor any Lender is bound to the other
<br />or to any third person to permit any obligation or secured indebtedness to be incurred then or thereafter,
<br />then, upon ten (10) business days' prior written notice (or such lesser number of days as may be
<br />mandated by applicable Law), the Mortgagor may request that this Mortgage be terminated. Upon such
<br />termination the Mortgagor may further request that a written act of release of this Mortgage be provided
<br />in accordance with applicable Law (except this Mortgage shall be reinstated to the extent expressly
<br />provided herein, and will continue with respect to indemnification and other rights which are to
<br />continue following the release hereof). Administrative Agent agrees to deliver to Mortgagor, or such
<br />person or entity designated by Mortgagor, such an act of release (subject to the foregoing limitation), all
<br />at the cost and expense of the Mortgagor, within ten (10) business days (or such lesser number of days
<br />as may be mandated by applicable Law) of receiving such request unless Administrative Agent in good
<br />faith, has cause to believe that Mortgagor is not entitled to a termination ofthis Mortgage.
<br />Notwithstanding the foregoing, it is understood and agreed that certain indemnifications, and other
<br />rights, which are provided herein to continue following the release hereof, shall continue in effect
<br />notwithstanding such release; and provided that if any payment to any Lender, LlC Issuer or
<br />Administrative Agent, is held to constitute a preference or a voidable transfer under applicable state or
<br />federal Laws or if for any other reason any Lender, Lie Issuer or Administrative Agent, is required to
<br />refund such payment to the payor thereof or to pay the amount thereof to any third party, this Mortgage
<br />shall be reinstated to the extent of such payment or payments.
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<br />Section 5.16. Notices. All notices, requests, consents, demands and other communications
<br />required or permitted hereunder or under any other Loan Document shall be in writing and, unless
<br />otherwise specifically provided in such other Loan Document, shall be deemed sufficiently given or
<br />furnished if delivered by personal delivery, by facsimile or other electronic transmission, by delivery
<br />service with proof of delivery, or by registered or certified United States mail, postage prepaid, at the
<br />addresses specified at the end of this Mortgage (unless changed by similar notice in writing given by
<br />the particular party whose address is to be changed). Any such notice or communication shall be
<br />deemed to have been given (a) in the case of personal delivery or delivery service, as of the date of first
<br />attempted delivery at the address and in the manner provided herein, (b) in the case of facsimile or other
<br />electronic transmission, upon receipt, and (c) in the case of registered or certified United States mail,
<br />three days after deposit in the mail. Notwithstanding the foregoing, or anything else in the Loan
<br />Documents or the agreements evidencing Lender Swap Obligations which may appear to the contrary,
<br />any notice given in connection with a foreclosure of the Liens, privileges, and/or security interests
<br />created hereunder, or otherwise in connection with the exercise by Administrative Agent or Trustee of
<br />their respective rights hereunder or under any other Loan Document or any agreement evidencing
<br />Lender Swap Obligations, which is given in a manner permitted by applicable Law shall constitute
<br />proper notice; without limitation of the foregoing, notice given in a form required or permitted by
<br />statute shall (as to the portion of the Property to which such statute is applicable) constitute proper
<br />notice.
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<br />505901000016 DALLAS 2307301.3
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<br />[MULTI STATE MORTGAGE)
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