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201007999
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201007999
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Last modified
1/11/2011 2:17:00 PM
Creation date
10/29/2010 8:53:42 AM
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DEEDS
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201007999
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201007999 <br />this Mortgage may be advanced and repaid and again advanced fram time to time, as provided in <br />the Laan Dacuments. <br />Section 1.15. 4hio Open End Mort�a�e. It is contemplated and acknowledged that this <br />is an open end mortgage, and that the secured indebtedness may include revolving credit loans <br />and advances from time to time, and that this Mortgage shall have effect, as of the date heareof, ta <br />secure all secured indebtedness, regardless of whether any amounts axe advanced on the date <br />hereof or on a later date or, whether having been advanced, are later repaid in part or in whole <br />and further advances made at a later date. <br />Section 1.16. Ohia Maximum Amaunt. This Mortgage is an Open End Mortgage <br />granted pursuant to Ohio Law and in accardance with Ohia Revised Code Section 5301.232. The <br />maximum value of the unpaid balances of such credit loans and advances that, in the aggregate, <br />exclusive of interest, may be autstanding at any time, which is secured by Property locat�d in <br />Ohio, is One Sillion Dollars ($1,000,000,000), plus any additional loan advances made by <br />Administrative Agent or the Secured Parties to protect the Mortgaged Properties, including, but <br />not limited to, advances to pay taxes, assessrnents, insurance premiums, and all other amounts <br />that Mortgagor has in this Mortgage agreed ta pay for the protection of the Mortgaged <br />Properties. <br />Section 1.17. Indebtedness Secured bv Tennessee Pronerties. With respect to the <br />property located in the state af Tennessee, this Fee and Leasehold Deed of Trust is made also to <br />secixre and e�farce payment of all future advances from Administrativ� Agent and/or Secured <br />Parties to any Loan Party and ather future Obligations of atiy Laan Party to Administrative <br />Agent and/or any Secured Farty. THIS �EE AND LEASEHOLD DEED O�' TRUST SHALL <br />SECURE ALL FUTURE ADVANCES WHICH MAY BE OBLIGATORY ADVANCES AND <br />IS GIVEN AND INTENDED FOR COMMERCIAL PURPOSES AS SET FORTH FOR <br />PRIORITY PURSUANT TO TENN. C�DE ANN. 47-28-104(b). THTS FEE AND <br />LEASEHQLD DEED QF TRUST ALSO SECLTRES CERTAIN FUTURE ADVANCES <br />WHICH ARE OPTIONAL AND NONOBLIGATORY. Repayment ta Administrative Agent <br />ancUor Secured Parties Lenders of all of Loan Farty's indebtedness sha.11 not terminate the lien of <br />this Fee and Leasehold Deed of Trust unless it is released by the Administrative Agent at the <br />request of the Loan Party; otherwise it shall remain in force to secwre any future advances and <br />indebtedness, irrespective of any additianal security that may be taken as to such indebtedness. <br />Notwithstanding any provisinn herein to the cantrary, the outstanding indebtedness secured by <br />the Property located in Tennessee and secured by this Mortgage shall not, at any time, exceed an <br />aggregate amount of $5,460,869.00. THIS FEE AND LEASEHOLD DEED OF TRUST <br />COVERS PROPERTY WHICH IS OR MAY BECOME SO AFFIXED TO THE REAL <br />PROPERTY AS TO BECOME FIXTURES AND ALSO CONSTTTUTES A FIXTURE FILING <br />UNDER TENN. CODE ANN. 47-9-502. <br />S�ction 1.18. Maturitv of Indebtedness. The final maturity of the indebtedness secured <br />hereby, subject to the rights of acceleration, is �ctobex 2S, 2014. <br />Section 1.19. Limit on Secured Indebtedness. It is the intention of Mortgagor and <br />Administrative Agent that this Mortgage not constitute a fraudulent transfer or fraudulent <br />conveyance under any state or federal Law that may be applied hereto. Mortgagor and, by its <br />17 <br />
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