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20i007999 <br />MORTGAGOR THAN A MORTGAGE IN EVENT OF DEFAULT QR BREECH 4F AN <br />OBLIGATION. <br />ARTICLE XIV <br />Special New Jersey Provisions <br />Section 14.1. Inconsistencies. With respect to the Property lacated in the state of New <br />Jersey, the provisions set forth in this Article shall apply to and be made a part of the Mortgage. <br />Tn the event of any inconsistencies betvveen the t�rms and provisions of this Article and the other <br />terms and provisions of this Mortgage, or to the extent, and anly to the extent, any af the tertns <br />and provisions in this Article conflict with, or are ambiguous when read together with, any of the <br />ather terms and pravisions of this Mortgage, the provisions of this Article shall g;overn. <br />Capitalized words and phrases contained in this Article shall have the definition ascribed to them <br />in the main body of the Mortgage, unless the context manifestly requires atherwise. <br />Section 14.2. Martg,a�or. Notwithstanding Mortgagor being captioned as above in this <br />Mortgage, the Mortgagor of the Other Mortgaged Properties located in New Jersey is: SKEP <br />MATERIALS, L.L.C. (formexly SemMaterials Energy Partners, L.L.C., a Delaware limited <br />liability company), a Texas limited liability campany. <br />Section 14.3. Remedies. All references in this Mortgage to self help, non judicial <br />foreclosure and power af sale shall be deemed to apply to the Other Mortgaged Properties <br />located in New Jersey only to if and to the extent permitted by New Jersey law. If any pz'ovisian <br />of this Mortgage is inconsistent with any applicable provision of New Jersey law, the provision <br />of New Jersey law shall take precedence over the provisions of this Mortgage as affects the <br />Other Martgaged Properties located in New Jersey, but shall not invalidate or ren:der <br />unenforceable any other provision of this Mortgage that can fairly be construed irt a manner <br />consistent with New dersey law. <br />Section 14.4. Non-Mer�. The rights of the Administrative Agent set forth herein <br />shall, to the extent not prohibited by law, extend to the period from and after the filing of any suit <br />to foreclose the lien of this Mortgage, the entry of judgment and aiay subsequent period including <br />any period allowed by law for the redemption of the Other Mortgaged Properties located in New <br />Jersey after any foreclosure sale, and i�atexest shall accrue on the judgrnent in the same manner <br />and at the same rate as provided in the Credit Agareem�nt, subject only to the usury savings <br />clauses of the Credit Agreement and this Mortgage, until Administrative Agent has received <br />izrevocable payment in full of all Obligations. <br />Section 14.5. Copv af Mort�a�e. Borrower represents and warrants that it has received a <br />true capy of this Mortgage with.out chaarge. <br />Section 14.6. Modificatian Prioritv. This Martgage is subject to "modificatian" as such <br />term is de�ned in P.L. 1985 c.353 (N.J.S.A. 46-9-8.1 et seq.) and shall be subject to the priority <br />provisions thereo� <br />.� <br />