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<br />J.ODgDIo5DS <br /> <br />with complete Exhibit A (as it relates to Mortgaged Properties located in the State of Kansas) attached, <br />shall be recorded in Sedgwick County, Kansas. <br /> <br />Section 5.24. Successors and AssifZJ1s. The terms, provisions, covenants, representations, <br />indemnifications and conditions hereof shall be binding upon Mortgagor, and the successors and <br />assigns of Mortgagor, and shall inure to the benefit of Trustee and Administrative Agent and their <br />respective successors and assigns, and shall constitute covenants running with the Mortgaged <br />Properties. All references in this Mortgage to Mortgagor, Trustee or Administrative Agent shall be <br />deemed to include all such successors and assigns. <br /> <br />Section 5.25. FINAL AGREEMENT OF THE PARTIES. THE WRITTEN LOAN <br />DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND <br />MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR. CONTEMPORANEOUS. OR <br />SUBSEOUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN <br />ORAL AGREEMENTS BETWEEN THE PARTIES. <br /> <br />Section 5.26. CHOICE OF LAW. NOTWITHSTANDING ANYTHING HEREIN TO <br />THE CONTRARY AND WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW. <br />WITH RESPECT TO EACH PORTION OF THE PROPERTY. THIS MORTGAGE SHALL BE <br />CONSTRUED AND ENFORCED IN ACCORDANCE WITH AND GOVERNED BY THE <br />LAWS OF THE STATE IN WHICH SUCH PORTION OF THE PROPERTY IS LOCATED OR <br />WHICH IS OTHERWISE APPLICABLE TO SUCH PORTION OF THE PROPERTY). <br /> <br />Section 5.27. CHOICE OF VENUE. MORTGAGOR CONSENTS TO THE <br />JURISDICTION AND VENUE OF ANY COURT LOCATED IN SUCH STATE IN THE <br />EVENT OF ANY LEGAL PROCEEDING UNDER TIDS MORTGAGE. <br /> <br />ARTICLE VI. <br /> <br />Soecial Idaho Provisions <br /> <br />Section 6.1. Inconsistencies. With respect to the Mortgaged Property located in the state of <br />Idaho, the provisions set forth in this Article VI shall apply to and be made a part of the Mortgage. In <br />the event of any inconsistencies between the terms and provisions of this Article VI and the other terms <br />and provisions of this Mortgage, or to the extent, and only to the extent, any of the tenns and provisions <br />in this Article VI conflict with, or are ambiguous when read together with, any of the other terms and <br />provisions of this Mortgage, the provisions of this Article VI shall govern. Capitalized words and <br />phrases contained in this Article VI shall have the definition ascribed to them in the main body of the <br />Mortgage, unless the context manifestly requires otherwise. <br /> <br />Section 6.2. Redemotion. Pursuant to I.C. 11~31 0, in the event of a mortgage foreclosure of <br />the Mortgaged Property located in the state of Idaho, Mortgagor has the statutory right to redeem the <br />Mortgaged Property located in the state ofIdaho within one year if the Mortgaged Property is more <br />than twenty (20) acres and within six months if the Mortgaged Property is twenty (20) acres or less. <br /> <br />Section 6.3. Statute of Frauds. Under I.C. 9~505(5), a promise or commitment to lend money <br />or to grant credit in an original principal amount of fifty thousand dollars ($50,000) of more, made by a <br />person or entity engaged in the business of lending money or extending credit, must be in writing or <br />such a promise or commitment is not valid. <br /> <br />505901 000016 DALLAS 2307301.3 <br /> <br />34 <br /> <br />[MULTI STATE MORTGAGE] <br />