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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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241007999 <br />directly or indirectly, for the secured indebtedness or for any covenant herein, in any other Loata <br />Document ar in any Speci�ied Swap Agreement or any Specified Cash Management Agreement <br />may be released fram all or any part of such abligations without impairing ar releasing the <br />liability of any other party. No such act shall in any way impair any rights or powers hereunder <br />except ta the extent specifically agreed to in such writing. <br />Section 5.6. No Impairment of Securitv. To the extent allowed by any Requirement of <br />Law, the Lien, privilege, security interest and other security rights hereunder shall not be <br />impaired by any indulgence, moratorium ar release which may be granted including, but not <br />limited to, aza.y renewal, exteansion or modification which may be granted with respect ta any <br />secured indebtedness, or any surrender, campromise, release, renewal, extension, exchange or <br />substitution which may be granted in respect of the Property, or any part thereof or any interest <br />therein, or any release or indulgence granted to any endorser, guarantor or surety of any secur�d <br />indebtedness. <br />Section 5.7. Acts Not Constitutin� Waiver. Any default may be waived without waiving <br />ax►y other priar or subsequent default. Any default may be remedied without waiving the default <br />remedied. Neither failure to exercise, nor delay in exercising, any right, power or remedy upon. <br />any default shall be construed as a waivex of such default or as a waiver of the right to exercise <br />any such right, power or remedy at a later date. No singXe ox partial exercise of any right, power <br />or rernedy hereunder shall exhaust the same or shall preclude any other or further exercise <br />thereof, and every such right, powex or remedy hereunder may be exercised at any time and from <br />time to time. No modificatian or waiver of an:y provision hereof nor cansent to any deparhure by <br />Martgagor therefrom shall in any event be effective unless the same shall be in writing and <br />signed by Administrative Agent and then such waiver or consent shall be effective only in the <br />specific instances, for the pwrpose for which given and to the extent therein specified. No notice <br />to nor demand on Mortgagor in any case shall of itself entitle Mortgagor to any other or further <br />natice or demand in similar or other circumstances. Acceptance of any payment in an amount <br />less than the amount then due on any secured indebtedness shall be deemed an acceptance on <br />account only and shall not in any way excuse the existenc� of a default hereunder. <br />Section 5.8. Mortg,a�or's Successors. In the event the ownership of the Property or any <br />part thereof becomes vested in a person other than Mortgagar, then, without notice to Mortgagor, <br />such successor or successors in interest rnay be dealt with, with referenc� to this Mortgage and ta <br />th.e indebtedness secured hereby, in the same manner as with Mortgagor, without in any way <br />vitiating or discharging Morkgagor's liability hereunder or for the payment of the indebtedness or <br />performance of the obligations secured hereby. No transfer of the Property, no forbearance, and <br />no extension of the time for the payment of the indebtedness secured hereby, shall operate to <br />release, discharge, modify, change or affect, in whole or in part, the liability of Mortgagor <br />hereunder or far the payment of the indebtedness or performance of the obligations secured <br />hereby or the liability of any other person hereunder or far the payment of the indebtedness <br />secured hereby. <br />Section 5.9. Place of Payment. All secured indebtedness which may be owing <br />hereunder at any time by Mortgagor shall be payable at the place designated in the Credit <br />Agreement or Notes (or if no such designation is made, at the address of Administrative Agent <br />47 <br />
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