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200806505
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Last modified
7/29/2008 4:49:25 PM
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7/29/2008 4:49:21 PM
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DEEDS
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200806505
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<br />200806505 <br /> <br />Section 5.17. Invaliditv of Certain Provisions. A detennination that any provision of this <br />Mortgage is unenforceable or invalid shall not affect the enforceability or validity of any other <br />provision and the determination that the application of any provision of this Mortgage to any person or <br />circumstance is illegal or Wlenforceable shall not affect the enforceability or validity of such provision <br />as it may apply to other persons or circumstances. <br /> <br />Section 5.18. ReportinlZ Comoliance. Mortgagor agrees to comply with any and all reporting <br />requirements applicable to the transaction evidenced by the Notes and secured by this Mortgage which <br />are set forth in any Law of any Governmental Authority, and further agrees upon request of <br />Administrative Agent to furnish Administrative Agent with evidence of such compliance. <br /> <br />Section 5.19. Gender: Titles. Within this Mortgage, words of any gender shall be held and <br />construed to include any other gender, and words in the singular number shall be held and construed to <br />include the plural, unless the context otherwise requires. Except for the titles contained in Articles VI <br />through IX herein, and any other title which contains the name of one or more states in it, titles <br />appearing at the beginning of any subdivisions hereof are for convenience only, do not constitute any <br />part of such subdivisions, and shall be disregarded in construing the language contained in such <br />subdivisions . <br /> <br />Section 5.20. RecordinlZ. Mortgagor will cause this Mortgage and all amendments and <br />supplements thereto and substitutions therefor and all financing statements and continuation statements <br />relating thereto to be recorded, filed, re-recorded and refiled in such manner and in such places as <br />Trustee or Administrative Agent shall reasonably request and will pay all such recording, filing, <br />re.recording and refiling taxes, fees and other charges. <br /> <br />Section 5.21. Certain Consents. Except where otherwise expressly provided herein, in any <br />instance hereunder where the approval, consent or the exercise of judgment of Administrative Agent is <br />required, the granting or denial of such approval or consent and the exercise of such judgment shall be <br />within the sole discretion of Administrative Agent, and Administrative Agent shall not, for any reason <br />or to any extent, be required to grant such approval or consent or exercise such judgment in any <br />particular manner, regardless of the reasonableness of either the request or Administrative Agent's <br />judgment. Notwithstanding the foregoing discretion of Agent, consent shall not be withheld by Agent <br />for the plugging and abandonment of any well that is subject to a Chiefs Order to Plug and Abandon, <br />issued by the Chief, Division of Oil & Gas, Ohio Department of Natural Resources. <br /> <br />Section 5.22. Certain OblilZations of MortlZalZor. Without limiting Mortgagor's obligations <br />hereWlder, Mortgagor's liability hereunder shall extend to and include all post petition interest, <br />expenses, and other duties and liabilities with respect to Mortgagor's obligations hereWlder which <br />would be owed but for the fact that the same may be Wlenforceable due to the existence of a <br />bankruptcy, reorganization or similar proceeding. <br /> <br />Section 5.23. COWlterparts. This Mortgage may be executed in several cOWlterparts, all of <br />which are identical, except that, to facilitate recordation, certain cOWlterpartshereofmay include only <br />that portion of Exhibit A which containS descriptions of the properties located in (or otherwise subject <br />to the recording or filing requirements and/or protections ofthe recording or filing acts or regulations <br />of) the recording jurisdiction in which the particular counterpart is to be recorded, and other portions of <br />Exhibit A shall be included in such counterparts by reference only. All of such counterparts together <br />shall constitute one and the same instrument. Complete copies of this Mortgage containing the entire <br />Exhibit A have been retained by Mortgagor and Administrative Agent. A counterpart of the Mortgage, <br /> <br />505901000016 DALLAS 2307301.3 <br /> <br />33 <br /> <br />[MULTI STATE MORTGAGE] <br />
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