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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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2oioo�999 <br />Sectian 14.7. Fixture Financin� Statement. Without limiting anything in Section 1.2, <br />this Mortgage constitutes a security agreement under the New Jersey Uniform Commercial Code <br />and shall be deemed to alsa constitute a fixture financing statement. <br />Section 14.8. �'uture Advances. Without limiting anything in this Martgage, this <br />Mortgage is given for the purpose of creating a lien on real property in order to secure existing <br />indebtedness, and a�so future advances, wh�ther made before or after default or maturity or other <br />similar events, to the same extent as if such fittttre advances were made on the date of the <br />execution hereof, although there may be no advance made at the time of the execution hereaf and <br />although there may be no indebtedness outstanding at the time any advance is made. The types <br />of future advances secured by and having priority under this Mortgage shall include, without <br />limitation, (i) advances and re-advances of principal under the Credit Agreernent and (ii) <br />disbursements and other advances for the payment af taxes, assessments, maintenance charges, <br />insurance premiums or costs relating to the Other Mortgaged Properties located in New rersey, <br />for the discharge of liens having priority over the lien of this Mortgage, for the curing af waste of <br />th� Other Mortgaged Properties located in New Jersey and for the payment of service charges <br />and ex�enses incurred by reasan of default and including late charges, attarney's fees and court <br />costs, together with interest therean. The lien of this Mortgage, as to third persans with or <br />without actual knowledge thereof, shall be valid as to all such indebtedness and future advances, <br />from the date of recordation. <br />Section 14.9. Deficiencv. Martgagor waives all rights or defenses arising by reason o£ <br />any "one action" and any Requirement of Law prohibiting the Administrative Agen.t frorn <br />making a claim fo� deficiency, to the extent the Administrative Agent is otherwise entitled to a <br />clairn for defzciency, whether before ox after the Administrative Agent's commencement or <br />completion of any £oreclosure action or any other action to exercise its remedies hereunder or <br />otherwise available at a law or in equity. <br />Section 14.10. Jury Waiver. T� THE FULLEST EXTENT PERMITTED BY <br />ANY APPLICABLE REQUIREMENT OF LAW, MORTGAGOR AND ADMINISTRATIVE <br />AGENT EACH HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY <br />JURY IN ANY ACTION, CLAIM, SUIT OR PROCEEDING RELATiNG TO THIS <br />MORTGAGE AND F�R ANY COUNTERCLAIM BROUGHT THEREIN. MORTGAGOR <br />HEREBY WAIVES ALL RTGHTS TO 1NTERPOSE ANY COUNTERCLAIM IN ANY SUIT <br />BROUGHT BY ADMINISTRATIVE AGENT HEREUNDER AND ALL RIGHTS TO HAVE <br />ANY SUCH SU�T CONSOLXDATED WTTH ANY SEPARATE SUIT, ACTI�N OR <br />PROCEEDING. <br />Section 1�F.11. No Reduction. No taxes paid by or or� accaunt of the Other Martgaged <br />Praperties in New 7ersey shall serve to reduce the amoant of indebtedness secured by this <br />instrument. <br />Section 14.12. New Jersev Environmental Provisions <br />(a) Mo�tgagor repr�sents and warrants that, to the best of Mortgagor's knowledge <br />after du� inquiry and investigation, no li�n has attached to the Other Mortgaged Properties in <br />New Jersey as a result of any action by the New Jersey Department af Environmental Protection <br />65 <br />
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