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2�1007999 <br />(b) is not the site of one (1) or more underground storage tanks for which notification <br />is required under 42 U.S.C. 6991a and IC 13-23-1- 2(c)(8)(A); a�ad <br />(c) is not listed on the Camprehensive Environmental Response, Compensation and <br />Liability Information System (CERCLIS) in accordance with Sectian 116 of CERCLA (42 <br />U.S.C. 9616). <br />Mortgagor has complied with the Responsible Property Transfer Law of Indiana (Ind. <br />Code § 1325- 3-1 et seq.) in all respects in connection with its execution of this Mortgage. <br />Sectian $.3. Cast� of Foreclosure/Indiana Properties. Tn any suit ta foreclose the Lien <br />hereof or enforce any other remedy of Administrative Agent unc�er this Mortgage with respect to <br />the Tndiana Properties, there shall be allowed and included as additional indebtedness in the <br />decree for sale or other judgment or decree all expenditures and expenses which may be paid or <br />incurred by or on behalf of Administrativ� Agent for reasonable attorneys' costs and fees <br />(including the costs and fees of paralegals), survey charges, appraiser's fees, inspecting <br />engineer's and/ar architect's fees, fees for environmental 5t11C�1�5 and assessrnents and all <br />additional expenses incttrred by Administrative Agent with respect to environmental matters, <br />outlays for documentary and expert evidence, stenographer's charges, publication costs, and <br />costs (which m:ay be estimated as to items to be expended after entry of the decree) of procuring <br />all such abstracts o� title, title searches and examinations, title insurance policies, Tarrens <br />certificates, and similar data and assurances with respect to title as Administrative Agent may <br />deern r�asnnably necessary in connection with such foreclosure or enforcement of such other <br />remedies or to evidence to bidders at any foreclosure sale the true candition of th� title to, the <br />value of or the environmental condition of the Indiana Properties. <br />Sectiorn 8.4. Additional Indiana Remedies. In addition to the rights arid remedies <br />provided in Section 4 hereaf, upan, ar at any time after the filing of a complaint to foreclose this <br />Mortgage with respect to the Indiana Properties, Administrative Agent shall be entitled to the <br />appointment of a receiver of the Indiana Froperties by the court in which such complaint is filed <br />az�d Mortgagor hereby consents to such appointment. <br />Section 8.5. Attorneys Fees. As used herein, the terms "attorneys' fees," "reasonable <br />R�Q�'11C�S� �@eS," "reasonable counsel �CCS," "CO5tS O� COII0Ct10ri," " casts and expenses of <br />enforcement" and similar terms and phrases shall include, without limitation, costs and fees of <br />paralegals, support staff costs and amounts expended in litigation preparation and camputerized <br />research, telephone and telefax expenses, mileage, depositions, postage, photacapies, process <br />service and video tapes. <br />ARTICLE IX <br />Special Illinois Provisions <br />Section 9.1. Inconsistencies. With respect to the Property located in the state of Illinois, <br />the provisians set forth in this Article shall apply ta and be made a part of the Mortgage. In the <br />event of any inconsistencies between the terms and provisions of this Article and the oth.ear terms <br />and provisions af this Mortgage, or to the extent, and only to the extent, any of the terms and <br />provisions in this Article conflict witla, or are ambiguous when read together with, any of the <br />56 <br />