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20i007999
<br />(v) the expenses of sale provided for in Section 4.6 shall include the
<br />reasonable expenses of retaking the Callateral, or any part thereof, holding the same and
<br />preparing the same for sale or other disposition; and
<br />(vi) should, under this subsection, the Collateral be disposed of other than by
<br />sale, any proceeds of such disposition shall be treated under Section 4.6 as if the same
<br />were sales proceeds.
<br />(e) To the extent permitted by any applicable Requirement af Law, the sale hereunder
<br />af less than the whole of the Properrty shall nat �xhaust the powers af sale herein granted or the
<br />right to judicial foreclasure, and successiv� sale or sales may be made until the whole of the
<br />Property shall be sold, and, if the proceeds of such sale of less than the whole of the Praperty
<br />shall be less than the aggregate of the indebtedness secured hereby and the expense of
<br />conducting such sale, this Mortgage and the Liens, privileges, and security interests hereaf shall
<br />remain in fuil force and effect as to the unsold portion of the Property just as though no sale had
<br />been made; provided, how�ver, that Mortgagor shall never have any right to require the sale of
<br />less than the whale of the Property. In the event any sale hereunder is not completed or is
<br />defective in the opinion of Administrative Agent, such sale shall not exhaust the pow�rs of sale
<br />hereunder or the right to judicial foreclosure, and Administrative Agent shall have the right ta
<br />cause a subsequent sale or sales to be made. Any sale may be adjourned by announcement at the
<br />time and place appointed for such sale without further notice except as may be required by any
<br />Requirement of Law. The Trustee or his successor or substitute, and the Administrative Agent
<br />acting under power of sale, respectively, may appoint or delegate any one or more persons as
<br />agent to perform any act ax acts necessary or incident to any sale held by it (including, without
<br />limitation, the posting of notices and the conduct of sale), and such appointment need not be in
<br />writing or recorded. Any and all statements of fact or other recitals made in any d�ed or deeds,
<br />or othex' instruments of transfer, given in cannection with a sale as to nonpayment of the secured
<br />indebtedness or as to the occurrence af any default, or as to all of the s�cured indebtedness
<br />having been declared to be due and payable, or as to the request to sell, or as to notice of time,
<br />place and terms of sale and th� properties ta be sold having been duly given, or, wiCh respect ta
<br />any sale by the Trustee, ar any successor or substitute trustee, as to the refusal, failure or inability
<br />to act of Trustee or any substitute or successor trustee or the appointment of any substitute or
<br />successor trustee, ox as to any other act or thing having been duly done, shall be taken as prima
<br />facie evidence af the truth of the facts so stated and recited. Notwithstanding any reference
<br />herein to the Notes, the Credit Agreement, any other Laan Document or any Specified Swap
<br />Agreement or any S�aecified Cash Mariagement Agreement, all persons dealing with the
<br />Mortgaged Properties shall be entitled to rely on any document, or certificate, of the
<br />Administrative Agent as to the occurrence of an event, such as a Default, and shall not be
<br />charged with or forced to review any provision of any other dacument to determine the accuracy
<br />thereo£ With respect to any sale h�ld in foreclosure of the Liens, privileges, and/or security
<br />interests cover�d hereby, it shall not be necessary for the Trustee, Administrative Agent, any
<br />public officer acting under execution or order of the court or any other party to have physically
<br />present ar constructively in his/her or its possession, either at the time of or prior to such sale, the
<br />Property or any part thereof.
<br />Section 4.4. Effective as Mortea�e. As to the Deed of Trust Mortgaged Properties, this
<br />instrument shall be effective as a martgage as well as a deed of trust and upon the occurrence of
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