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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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201007999 <br />despite this section, shall hereafter be repealed or cease to be in force, such Requirement af Law <br />shall not thereafter be deemed to pr�clude the applicatian of this section. <br />Section 4.12. Martga�or as Tenant Post-Foreclosure. In the event there is a foreclosure <br />sale hereunder and at the time of such sale Mortgagar or Mortgagor's representatives, succ�ssors <br />or assigns or any other persons claiming any interest in the Property by, through or under <br />Mortgagor are accupying or using the Property, or at�,y part thereof, each and all shall <br />immediately become t1�e tenant of the pwrchaser at such sale, which tenancy shall be a tenancy <br />from day to day, terminabXe at the will of either landlord ar tenant, at a reasonable rental per day <br />based upon the value of the property occupied, such rental to be due daily to the purchaser. To <br />the extent permitted by any applicable Requirement of Law, the purchasex' at such sale shall, <br />notwithstanding any language herein apparently to the contrary, have the sole option to d�mand <br />immediat� possession following the sale ar to permit the occupants to remain as tenants at will. <br />In the event the tenant fails to surrender possession of said property upon demand, the purchaser <br />shall be entitled to institute and maintain a summary action for possession of the property (such <br />as an action for forcible entry and detainer) in any court having jurisdictian. <br />Sectian 4.13. L imitatian on Ri ts and Waivers. All rights, powers and remedies herein <br />conferred shall be ex�rcisable by Trustee and Administrative Agent only to the extent not <br />prohibited by any applicable Requiremera�t o� Law; and all wavers and relinquishments of rights <br />and similar matters shall anly be effective to the extent such waivers or relinquishments are not <br />prohibited by any applicable Requirement of Law. <br />Section 4.14. Waiver of Appraisement. Appraisement of the Property is hereby waived <br />or not waived at Administrative Agent's option, which shall be exercised at the time judgment is <br />rendered in any foreclosure hereof or at any time prior hereto. <br />Section 4.15. Waiver of .Axkansas Ri�ht of Redemntion In addition to and without <br />limitation to the foregaing in any manner, Mortgagar hereby releases unto Administrative Agent <br />and Secured Farties all right of redemption under any Requirement of Law of the State af <br />Arkansas, including without limitation all rights under Ark. Code Ann. §18-49-106, as am�nded. <br />Section 4.16. Waiver af Oklahama Ap,.praisement. As to Property situated in oar <br />atherwise subject to any Requirernent of Law of the State of Oklahoma, appraisement nf the <br />Property is hereby waived (or not) at the option of Administrative Agent, such option to be <br />�xercised at the time judgment is rendered in any foreclosure hereof or at any time prior thereto. <br />Section 4.17. Convevance ta Purchaser. Any deed, bill of sale ar other conveyance <br />executed by or an behalf of the Administrative Agent, the Tnxstee, the sheriff or other official or <br />party r�sponsible far conducting the sale shall be prima facia ec�idence of the compliance with all <br />statutory requirements for the sale, the execution o� such deed, bill of sale ox other conveyance, <br />and the tx and accuracy of the recitals and oth�r matters stated therein, including, without <br />limitation, nonpayment or nonperformance of the Obligations, vialatioza of the terms and <br />covenants contained herein, and the advertisement and conduct of such sale in the manner <br />provided herein or as pravided by any applicable Requirement of Law. Mortgagar does hereby <br />ratify and confirnl all legal acts that Trustee and Administrative Agent may do in carrying out the <br />provisions of this Mortgage. Any sale of the Collateral ar any portion thereaf pursuant to the <br />42 <br />
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