201007999 - Laserfiche WebLink

Browse

2oioo�9s9 encumbrances, and for taxes and ass�ssments an.d all legal charges and costs of the sa1e. RSMO 443.410. ARTICLE XII Sbecial Montatxa Provisians Section 12.1. Inconsistencies. With respect tv the Property located in the state of Mantana, the provisions set forth in this Article shall apply to and be madE a part of the Mortgage. Tn the event of any inconsistencies between the terms and provisions af this Article and the other terms and provisions af this Martgage, or to the extent, and only to the extent, any of the terms and provisions in this Article conflict with, or are ambiguous when read together with, any of the other terms and provisions of this Mortgage, th� provisions of this Article shall govern. Capitalized words and phrases contained in this A7rticle shall have the definition ascribed to them in the main body of the Mortgage, unless the context manifestly requires atherwise. Section 12.2. Snecial� Montana Provisions. M�RTGATOR REPRESENTS, WARRANTS AND COVENANTS THAT THE AGGREGATE LAND AREA OF THE FACILITY SITE AND RELATED APPURTENANCES LOCATED TN THE STATE OF MONTANA IS LESS THAN FORTY (40) ACRES. ARTICLE XIII S ecial Nebraska Provisions Sectian 13.1. Inconsistencies. With resp�ct to the Property located in the state of Nebraska, the provisions set forth in this Article shall apply to and be made a part of the Mortgage. In the event af any inconsistencies between the terms and provisions of this Article and the other terms and provisions of this Mortgage, or to the extent, and only to the extent, any of the terms and provisions in this Article conflict with, ar a.re arnbiguous when read together with, any af the other terms an.d provisions of this Mortgage, the pravisions of this Article shall gavern. Capitalized words and phrrases contain�d in this Article shall have the definition ascribed to them in the main body of th� Mortga�e, unless the cantext manifestly requires othervvise. Sectian 13,2. Deed aF Tnxst. This Mortgage shall constitute a trust deed under the Trust Deeds Act (R.R.S. Neb. §§ 7b-�001 et seq.). Mortgagor expressly subjects the Property to the Trust Deeds Act, and the Trustee and Administrative Agent shall be accorded all the rights, powers and remedies of a trustee and a beneficiary as provided therein. All rights, powers and remedies of the Trust Deeds Act are hereby incorporated by reference as if the rights, powers atld remedies were expressly pravided herein, with Administrative Agent as a"beneficiary," Mortgagor as a"trustor," Trustee as a"trustee," this Mortgage as a"tntst deed" and the Property as "trust property." Section 13.3. MURTGAGOR UNDERSTANDS THAT (A) THIS MURTGAGE IS A TRUST DEED AND NOT A MORTGAGE (UNLESS ADMINISTRATIVE AGENT ELECTS TO FORECLOSE THIS MORTGAGE AS A MORTGAGE), AND (B) THE POWER OF SALE PR4VIDED FOR IN THIS MURTGAGE PROVIDES SUBSTANTIALLY DIFFERENT RIGHTS, DUTIES AND OBLIGATIONS ON 63