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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
Inst Number
201007999
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2oioo�999 <br />under any provisions set forth herein, in the Credit Agreement, in any of the other Loan <br />Docurn�nts or any Specified Swap Agreement or any Specified Cash Manag�ment <br />Agreement; and next to the payment of the secured indebtedness, in such order as <br />Administrative Agent may elect; and the balance of such proceeds, if any, shall be paid to <br />the perso�a ar persons legally entitled thereto; and Trustee covenants faithfully to perform <br />the trust herein created. Until a sal� shall be held hereunder, Trustee hereby lets the Deed <br />of Trust Mortgaged Properties to Mortgagor, upon th� following terms and conditions, to- <br />wit: Mortgagor, and every and all persons claiming ar possessing the Deed of Trust <br />Mortgaged Properties, or any part th�reof, by, through, or un,der Mortgagor shall or will <br />pay rent therefor during said term at the rate of one cent per month, payable monthly <br />upon demand and shall and will swrender peaceable passession of the Deed of Trust <br />Mortgaged Praperties, and any and every part thereof, to Trustee, its successars, <br />assignees, or purchasers thereof, without natice ox demand therefor, upon the occurrence <br />af any Default. <br />(iii) As to the Mortgaged Properties located in the State af Montana, this <br />Mortgage may be foreclosed by advertisement or sale in the manner pxavided in the small <br />Tract Financin� Act of Montana or by judicial procedure as provided by Montana law for <br />the foreclosure of mortgages on real property. <br />(iv) As to the Deed of Trust Mortgaged Froperties situated in the <br />Commonwealth of Virginia , any sale of the Mortgaged Froperty shall also be made in <br />accordance with the provisions af Sections 55-59.1, 55-59.2, 55-59.3, 55-59.4 and 55-63 <br />of the Code of Virginia (1950), as amended, or other applicable general local laws of the <br />Commonwealth af Virginia or judicial rules or pracedures relating ta the £oreclosure of <br />deeds of trust. Advertisement Required: once a week for two consecutive weeks. <br />A POWER OF SALE HAS BEEN GRANTED IN THIS MORTGAGE. A FOWER <br />OF SALE MAY ALLOW ADMINISTRATIVE AGENT UR TRUSTEE TO TAKE <br />THE DEED OF TRUST M�RTGAGED PROPERTTES AND SELL THEM <br />WITHOUT GOING TU COURT IN A FORECLQSURE ACTION UPON <br />DEFAULT BY MORTGAGOR UNDER THIS MURTGAGE. <br />(b) Upon the occurrence of a default, this Mortgage may be foreclosed as to the Other <br />Mortgaged Properties, or ar�y part thereof, by power of sale (if permitted under any applicable <br />Requirement of Law), by judicial actian, or in any other manner permitted by any applicable <br />Requirement of Law. Cumulative of the foregoing and the other provisions of this Sectian 4.3: <br />(i) As to the Other Mortgaged Properties lacated in the State of Oklahoma, <br />Mortgagor hereby confers an Administrative Agent the power to sell the Mortgaged <br />Properties in accordance with the Oklahoma Powex of Sale Mortgage Foreclosure Act <br />(OKLA. STAT. tit. 46, §§ 41-49), as the sam� may be amended from time to time. <br />Mortgagor hereby represents and warrants that this Mortgage transaction does not <br />involve a cansumer loan as said term is defined in Section 3-104 of Title 14A of the <br />�klahoma Statutes, that this Mortgage does not secure an extension of credit made <br />primarily for agricultural purposes as defined in paragraph 4 of Section 1-301 of Title <br />32 <br />
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