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201000751 <br />payable under the Credit Agreements, merge with any judgment on either Credit <br />Agreement or any other Lender Agreement or a judgment in mortgage foreclosure under <br />this Deed of Trust. <br />(c) Additional Advances and Disbursements: Costs of Enforcement. ]f any <br />Event of Default exists, Agent shall have the right, but not the,obligation, to cure such <br />Event of Default in the name and on behalf of Mortgagor. All sums advanced and <br />expenses incurred at any time by Agent under this Section 34 c , or otherwise under this <br />Deed of Trust, the Credit Agreements ar any other Lender Agreement or applicable law, <br />shall bear interest from the dale that such sum is advanced or expense incurred, to and <br />including the date of reimbursement, computed at the interest rate as set forth in the <br />Credit Agreements, and all such sums, together with interest thereon, shall be secured by <br />this Deed of Trust. <br />(d) Acceleration Remed .Subject to the notice and cure requirements of this <br />Deed of Trust and the Credit Agreements, upon Mortgagor's breach of any covenant or <br />agreement contained herein, including, but not limited to, the covenants to pay when due <br />any sums secured by this Deed of Trust, Agent, in its sole judgment and discretion, may <br />declare a]] of the sums secured by this Deed of Trust to be immediately due and payable <br />without further demand and may foreclose this Deed of Trust by judicial proceedings and <br />may invoke any other remedies permitted by applicable law or pravided herein. Agent <br />shall be entitled to collect all costs and expenses incurred in pursuing such remedies. <br />3S. Satisfaction of Prior Encumbrance. To the extent the Loans made to Mortgagor <br />and IEC pursuant to the Credit Agreements are used to pay indebtedness secured by any <br />outstanding lien, security interest, charge or prior encumbrance against all or any portion of the <br />Mortgaged Property, such proceeds shall be deemed to have been advanced by Agent at <br />Mortgagor's request, and Agent shall be subragated to any and al] rights, security interests and <br />liens owned by any owner or holder of such outstanding liens, security interests, charges or <br />encumbrances, irrespective of whether said liens, security interests, charges or encumbrances are <br />released, and it is expressly understood that, in consideration of the payment of such other <br />indebtedness by Agent, Mortgagor hereby waives and releases all demands and causes of action <br />for offsets and payments to, upon and in connection with the said indebtedness. <br />36. Inconsistent with Credit A reements. To the fullest extent possible, the terms <br />and provisions of the Credit Agreements shall be read together with the terms and provisions of <br />this Deed of Trust such that the terms and provisions of this Deed of Trust shall supplement, <br />rather than conflict with, the terms and provisions of the Credit Agreements; provided, however, <br />that, notwithstanding the foregoing, in the event any of the terms or provisions of this Deed of <br />Trust conflict with any of the terms or provisions of the Credit Agreements, such that it is <br />impractical for such terms or provisions to coexist, the terms or provisions of the Credit <br />Agreements shall govern and control for all purposes; and, provided further, that the inclusion in <br />this Deed of Trvst of terms and provisions, supplemental rights or remedies in favor of a secured <br />party, but which are not addressed in the Credit Agreements, shall not be deemed to be a conflict <br />with the Credit Agreements, and al] such additional terms, provisions, supplemental rights or <br />remedies contained herein shall be given full force and effect. <br />ao <br />Giaon9o~3s6 i <br />