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�0100�999 <br />valuation and appraisement any Requirement of Law, and all such secured indebtedness shall <br />thereupon be immediately due and payable, without presentment, demand, protest, notice of <br />protest, declarration or notice of acceleration or intention to accelerate, putting the Mortgagor in <br />default, dishonax, notice of dishonor or any other notice or declaration of any kind, all af which <br />are hereby expressly waived by Mortgagor, and the Li�ns evidenced hereby shall be subject to <br />foreclosure in any manner provided for herein ar provided for by at�y Requirement af Law as <br />Administrative Agent may elect. With respect to the Deed of Trust Martgaged Properties which <br />are situated in the Commonwealth of Virginia, the foregoing shall include, but not be limited to, <br />such acceleration as may be made by the Tntstee, and this Mortgage is "subject to call upon <br />default", as that Term is construed pursuant to Section SS-60(4) of the Code of Viarginia as <br />amended <br />Section 4.2. Pre-Foreclosure Remedies. Upon the accurrence of a default, <br />Administrative Agent is authorized, prior or subsequent to the institution of any fareclosure <br />proceedings, and to the extent allowed by any applicabl� Requirement of Law, to enter upon the <br />Praperty, or any part thereof, and to take possession of the Property and all books and records <br />relating thereto, and to exercise witlaout interference from Mortgagor any and all rights which <br />Mortgagar has with respect to the management, possession, op�ration, protection. or preservation <br />af the Property. If necessary to obtain the possession provided for above, Administrative Agent <br />may invoke any and all legal remedies to dispossess Mortga�or, including, but not limited to, <br />summary proce�ding or restraining order. Mortgagor agrees to peacefully surrender possession <br />of the Property upon default if requested. All casts, expenses and liabilities of every charactear <br />incurred by Administrativ� Agent in managing, operating, maintazning, protecting or preserving <br />the Property shall constitute a demand obligation (which obligation Mortgagor hexeby expressly <br />promises to pay) owing by Mortga�ar to Administrative Agent and shall bear interest from date <br />of expenditure until paid at the rate set forth in Section 2.12(c) of the Credit Agr�ement, all of <br />which shall constitute a portion of the secured indebtedn�ss and shall be secured by this <br />Mortgage and by any other instrument securing the secured indebtedness. In connection with <br />any action taken by Administrative Agent pursuant to this Section 4.2, ADMINISTRA.TIVE <br />AGENT SHALL NOT BE LIABLE FOR ANY LOSS SUSTAINED BY MORTGAGOR <br />RESULTTNG FROM ANY ACT UR OMISSIQN UF ADMINISTRATIVE AGENT <br />(INCLUDING ADMINISTRATIVE AGENT'S OWN NEGLIGENCE) IN MANAGING <br />THE PROPERTY UNLESS SUCH L�SS IS CAUSED BY THE WILLFUL <br />M�SCONDUCT, GROSS NEGLIGENCE �R BAD FAITH OF ADM�NYSTRATIVE <br />AGENT, nar shall Administrative Agent be obligated to perform or discharge any obligation, <br />duty or liability of Mortgagor arising under any agreement forming a part of the Property or <br />arising under any Lien permitt�d under Section 7.3 of the Credit Agreement or otherwise arising. <br />Mortgagor hereby assents to, rati�es and confirms any and all actions of Administrative Agent <br />with respect to the Property taken under this Section 4.2. In addition ta the remedies set forth <br />abave, Administrative Agent is authorized to enter upon and take possession of any portian of <br />the Property consisting of a leasehold estate or leased premises, and ta exercise, without <br />interference from Mortgagor, aaay and all rights with respect to the leased premises that <br />Administrative Agent has with r�spect to the Fraperty under this Section, including the right to <br />remedy any default under said Lease and to exercise any other rights it or Mortgagor has under <br />said Lease Agreement as amended <br />�i; <br />