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201007174 S.4 Marshallin~e. The Grantor hereby waives, in the event of foreclosure of this Security Instrument or the enforcement by the Agent of any other rights and remedies hereunder, any right otherwise available in respect to marshalling of assets which secure any Secured Obligations and any other indebtedness secured hereby or to require the Agent to pursue its remedies against any other such assets. S.S Protection of Premises. If the Grantor fails to perfoim the covenants and agreements contained in this Security Instrument or any of the other Financing Documents, and such failure continues beyond any applicable grace, notice and cure periods, except in the case of an emergency in which event the Agent may act immediately, then the Agent may tale such actions, including, but not limited to, disbursements of such sums, as the Agent in its sole reasonable discretion deems necessary to protect the Agent's interest in the Premises. ARTICLE VI General Conditions 6.1 Terms. The singular used herein shall be deemed to include the plural; the masculine deemed to include the feminine and neuter; and the named parties deemed to include their heirs, successors and assigns. The term "Secured Creditor" shall include any of the Persons identified as a "Secured Creditor" in the Intercreditor Agreement, and any Person which may become a Secured Creditor by way of assignment in accordance with the terms of the applicable Financing Documents, together with their successors and permitted assigns. Capitalized terms used herein and not otherwise defined shall have the respective meanings ascribed to such terms in the Intercreditor Agreement. 6.2 Notices. All notices and other communications required or permitted to be given hereunder shall have been duly given in accordance with the requirements of the Jntercreditor Agreement. 6.3 Severability. If any provision of this Security Instrument is determined to be illegal, invalid or unenforceable, such provision shall be fully severable and the remaining provisions shall remain in full force and effect and shall be construed without giving effect to the illegal, invalid or unenforceable provisions. ' 6.4 Headiness. The captions and headings herein are inserted only as a matter of convenience and for reference and in no way define, limit, or describe.the.scope of this Security Instrument nor the intent of any provision hereof. 6.S Conflictin Terms. In the event the terms and conditions of this Security Instrument conflict with the terms and conditions of the Credit Agreement or the Senior Note Agreement, as applicable, the terms and conditions of the Credit Agreement or the Senior Note CHARI V 182503v1 1z