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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 />Agent may deem reasonably necessary in connection with such foreclosure or enforcement of such <br />other remedies or to evidence to bidders at any foreclosure sale the true condition of the title to, the <br />value of or the envirorunental condition of the Indiana Properties. <br /> <br />Section 7.4. Additional Indiana Remedies. In addition to the rights and remedies provided in <br />Section 4 hereof, upon, or at any time after the filing of a complaint to foreclose this Mortgage with <br />respect to the Indiana Properties, Administrative Agent shall be entitled to the appointment of a receiver <br />of the Indiana Properties by the court in which such complaint is filed and Mortgagor hereby consents <br />to such appointment. <br /> <br />Section 7.5. Attornevs Fees. As used herein, the terms "attorneys' fees," "reasonable <br />attorneys' fees," "reasonable counsel's fees," "costs of collection," "costs and expenses of <br />enforcement" and similar terms and phrases shall include, without limitation, costs and fees of <br />paralegals, support staff costs and amounts expended in litigation preparation and computerized <br />research, telephone and telefax expenses, mileage, depositions, postage, photocopies, process service <br />and video tapes. <br /> <br />ARTICLE VIII. <br /> <br />Special Illinois Provisions <br /> <br />Section 8.1. Inconsistencies. The provisions of this Article are intended to supplement the <br />remedies and other terms and provisions contained in the Mortgage, and shall apply in connection with <br />Property located in Illinois. <br /> <br />Section 8.2. MORTGAGOR'S WANER OF RIGHTS. THE MORTGAGOR <br />ACKNOWLEDGES THAT THE TRANSACTION OF WHICH THIS MORTGAGE IS A PART IS A <br />TRANSACTION WHICH DOES NOT INCLUDE EITHER AGRICULTURAL REAL ESTATE (AS <br />DEFINED IN THE ACT), OR RESIDENTIAL REAL EST ATE (AS DEFINED IN THE ACT). <br />EXCEPT AS OTHERWISE SET FORTH HEREIN, TO THE FULLEST EXTENT PERMITTED BY <br />LAW, THE MORTGAGOR WANES THE BENEFIT OF ALL LAWS NOW EXISTING OR THAT <br />MAY SUBSEQUENTLY BE ENACTED PROVIDING FOR (I) ANY APPRAISEMENT BEFORE <br />SALE OF ANY PORTION OF THE MORTGAGED PROPERTY, (II) ANY EXTENSION OF THE <br />TIME FOR THE ENFORCEMENT OF THE COLLECTION OF THE INDEBTEDNESS OR THE <br />CREATION OR EXTENSION OF A PERIOD OF REDEMPTION FROM ANY SALE MADE IN <br />COLLECTING SUCH DEBT OR (III) EXEMPTION OF THE MORTGAGED PROPERTIES FROM <br />ATTACHMENT, LEVY OR SALE UNDER EXECUTION OR EXEMPTION FROM CNIL <br />PROCESS. EXCEPT AS OTHERWISE SET FORTH HEREIN, TO THE FULL EXTENT THE <br />MORTGAGOR MAY DO SO, THE MORTGAGOR AGREES THAT THE MORTGAGOR WILL NOT <br />AT ANY TIME INSIST UPON, PLEAD, CLAIM OR TAKE THE BENEFIT OR ADVANTAGE OF <br />ANY LAW NOW OR HEREAFTER IN FORCE PROVIDING FOR ANY APPRAISEMENT, <br />VALUATION, STAY, EXEMPTION, EXTENSION, REINSTATEMENT OR REDEMPTION, OR <br />REQUIRING FORECLOSURE OF THIS MORTGAGE BEFORE EXERCISING ANY OTHER <br />REMEDY GRANTED HEREUNDER AND THE MORTGAGOR, FOR THE MORTGAGOR AND ITS <br />SUCCESSORS AND ASSIGNS, AND FOR ANY AND ALL PERSONS EVER CLAIMING ANY <br />INTEREST IN THE MORTGAGED PROPERTIES, TO THE EXTENT PERMITTED BY LAW, <br />HEREBY WAIVES AND RELEASES ALL RIGHTS OF REINSTATEMENT, REDEMPTION, <br />VALUATION, APPRAISEMENT STAY OF EXECUTION, NOTICE OF ELECTION TO MATURE <br />OR DECLARE DUE THE WHOLE OF THE SECURED INDEBTEDNESS AND MARSHALLING IN <br />THE EVENT OF FORECLOSURE OF THE LIENS HEREBY CREATED. <br /> <br />505901000016 DALLAS 2307301.3 <br /> <br />36 <br /> <br />[MULTI STATE MORTGAGE] <br />
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