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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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2oioo79s9 <br />Administrative Agent in connection with any such receivership shall be a demand obligation <br />(which obligation Mortgagor hereby expressly promises to pay) owing by Mortgagor to <br />Administrative Agent and shall bear interest, from the date of malcing such advancement by <br />Administrative Agent until paid, at the rate set forth in Section 2.12(c) of the Credit Agreement. <br />Section 4.6. Froceeds of Poreclosure. The proceeds of any sale held in foreclosure of the <br />Liens, privileges, and/or security interests evidenced hereby shall be applied as required by any <br />applicable Requirement of Law, or in the absence of any such requirement ian accordance with <br />Section 8.2 af the Credit Agreement. <br />Section 4.7. Secured Partv as Purchaser. Any party constituting a Secured Party under <br />the Credit Agreement shall have the right to bid for and to become the purchaser at any sale held <br />in foxeclosure of the Liens, privileges, andJar security interests evidenced hereby, and any party <br />constituting a Secured Party which is pwrchasing at any such sale shall have the right to credit <br />upon the amount of the bid made therefor, to the extent necessary to satisfy such bid, the secured <br />indebtedness owing to such party, or if such party holds less than all of such indebtedness, the <br />pro rata part thereof owing to such party, accounting to Administrative Agent or any Secured <br />Party, if such party is not joining in such bid, in cash for the portion of such bid or bids <br />apportionable to such non-bidding Secured Party or Secured Parties. Administrative Agent shall <br />have the right to bid for and become the purchaser at any sale held in foreclosure of the Liens, <br />privileges, and/or security interests evidenced hereby and shall be entitled to apply all or any part <br />of the indebtedness as credit to the purchase price to the �xtent pearmitted by any applicable <br />Requirement of Law <br />Section 4.$. Foreclosure as to Matured Debt. Upon the occurrence of a default, <br />Administrative Agent shall have the right to proceed with foreclosure of the Liens, privileges, <br />and/or security interests evidenced hereby without declaring the entire secured indebtedness due, <br />and in such event, any such foreclosure sale may be made subject to the unmatured part of the <br />secured indebtedness and shall not in any manner affect the unmatured part af the secured <br />indebtedness, but as to such unmatured part, this Mortgage shall remain in full force and effect <br />just as though na sale had been made. The proceeds of such sale shall be applied as provided in <br />Section 4.6. Sev�ral sales may be made hereunder without exhausting the right af sale for any <br />unmatured part of the secured indebtedness. <br />Section 4.9. Remedies Cumulative. All remedies herein provided for are cumulative of <br />each other and of all oth�r remedies existing at any applicable Requirement of Law ar in equity <br />and are cumulative af any and all other remedies provided for in any other Loan Document, any <br />Specified Swap Agreement or any Specified Cash Management Agreement, and, in addition to <br />the remedies herein provided, there shall continue to be available all such other remedies as may <br />now or hereafter �xist at Law or in equity for the collection of the secured indebtedness and the <br />enforcement of tlae cove;nants herein and the fareclosure of the Liens, privileges, and/or security <br />interests evidenced hereby, and the resort ta any remedy provided for hereunder, under any such <br />other Loan Document, under any Specified Swap Agreement, any Specified Cash Management <br />Agreement, or provided for by any Requirement of Law shall not prevent the concurrent or <br />subsequent employment of any other appropriate remedy or remedies. <br />C�i7 <br />
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