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201000751
<br />26. Partial lnvalidit ' Usur Savin s Clause. In the event any one or more of the
<br />provisions contained in this Deed of Trust shall for any reason be held to be invalid, illegal or
<br />unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any
<br />other provision hereof, but each shall be construed as if such invalid, illegal or unenforceable
<br />provision had never been included herein. Notwithstanding to the contrary anything contained in
<br />this Deed of Trust or in any provisions of any Lender Agreement, the.,Lender Obligations of
<br />Mortgagor and of any other obligor under the Credit Agreements or any other Lender Agreement
<br />shall be subject to the limitation that Agent shall not charge, take or receive, nor shall Mortgagor
<br />or any other obligor be obligated to pay to Agent, any amounts constituting interest in excess of
<br />the maximum rate permitted by applicable law to be charged by Agent.
<br />27. Mart a or's Waiver of Ri hts.
<br />(a) Mortgagor hereby voluntarily and knowingly releases and waives any and
<br />al] rights to retain possession of the Mortgaged Property after the occurrence of an Event of
<br />Default hereunder and any and all rights of redemption from sale under any order or decree of
<br />foreclosure (whether full or partial), pursuant to rights, if any, therein granted, as allowed under
<br />any applicable law, on its own behalf, on behalf of all Persons claiming or having an interest
<br />(direct or indirectly) by, through or under each constituent of Mortgagox and on behalf of each
<br />and every Person acquiring any interest in the Mortgaged Property subsequent to the date hereof,
<br />it being the intent hereof that any and all such rights or xedemption of each constituent of
<br />Mortgagor and all such other Persons are and shall be deemed to be hereby waived to the fullest
<br />extent now or hereafter permitted by applicable law. Each constituent of Mortgagor shall not
<br />invoke or utilize any such law or laws or otherwise hinder, delay, or impede the execution of any
<br />right, power, or remedy herein or otherwise granted or delegated to the Agent, but shall permit
<br />the execution of every such right, power, and remedy as though no such law or laws exists or had
<br />been made or enacted. '
<br />(b) To the fullest extent permitted by law, Mortgagor waives the benefit of all
<br />laws now existing or that may subsequently be enacted providing for (i) any appraisement before
<br />sale of any portion of the Mortgaged Property, (ii) any extension of the time for the enforcement
<br />of the collection of the Lender Obligations or the creation or extension of a period of redemption
<br />from any sale made in collecting the Lender Obligations, and (iii) exemption of the Mortgaged
<br />Property from attachment, levy or sale undex execution or exemption from civil process. To the
<br />full extent Mortgagor may do so under applicable law, Mortgagor agrees that Mortgagor will not
<br />at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter
<br />in force providing for any appraisement, valuation, stay, exemption, extension or redemption, or
<br />requiring foreclosure of this Deed of Trust before exercising any other remedy granted hereunder
<br />and Mortgagor, for Mortgagor and its successors and assigns, and for any and all Persons ever
<br />claiming any interest in the Mortgaged Property, to the extent permitted by law, hereby waives
<br />and releases all rights of redemption, valuation, appraisement, stay of execution, notice of
<br />election to mature (except as expressly provided in the Credit Agreement) or declare due the
<br />whole of the secured indebtedness and marshaling in the event of exercise by Agent of the
<br />foreclosure rights, power of sale, or other rights hereby created,
<br />28. Remedies Not Exclusive. Agent shall be entitled to enforce payment and
<br />performance of the Lender Obligations and to exercise all rights and powers under this Deed of
<br />L1BD/1907386.1 1 ~
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