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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
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201007999
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2 0�007999 <br />and do such acts and shall not be excused therefrom �ven though the term of the relevant l�ase <br />shall have previously expixed or been terminated and notwithstanding any provisions in any such <br />lease ar in ISRA placing the burden of compliance on the tenant. <br />ARTICLE XV <br />Special New Mexico Provisions <br />Section 15.1. Inconsistencies. With respect to the Property located in the state of New <br />Mexico, the provisions set forth in this Article shall apply to and be made a part of the Mortgage. <br />In the event of any inconsistencies between the t�m�s at�.d provisio�s of this Article and the other <br />terms and provisions of this Martgage, or to th� extent, and only to the extent, any of the terms <br />and provisions in this Article canflict with, or are ambiguous when read together with, any of tlae <br />other terms and provisions of this Martgage, the provisions of this Article shall gavern. <br />Capitalized words and phrases contained in tlais Article shall have the definition ascribed to them <br />in the main body of the Mortgage, unless the context manifestly requires otherwise. <br />Section 15.2. Deed of Trust _ Act; _ Waiver of Right of Reinstatement. Mortgagor <br />expressly subjects the Property to the terms of the Deed of Trust Act, Section 48-1�-1 through <br />48-10-21 NMSA 1978, as ame�aded from time to time (the "Deed of Trust Act"). All the ri,ghts, <br />powers and remedies of a trustee and beneficiary as pravided in the Deed of Trust Act are <br />incorporated by xeference in this Martgage as if the rights, pow�z's arzd remedies were expressly <br />provided in this Mortgage. Mortgagor represents and warrants to Administrative Agent that the <br />Mortgaged Property as provided in this Mortgage qualifies as trust real estate as de�ned in the <br />Deed of Trust Act. Mortgagor intends that Trustee and Administrative Agent receive through <br />the Laan Documents and this Mortgage a11 the rights, powers and remedies accorded a trustee <br />and a Administrative Agent as provided in the Deed af Trust Act, whether or not such rights, <br />powers and ;remedies are expressly granted or reserved in the Loatx Documents or this Mortgage. <br />To the extent not prohibited by law, Mortgagor expressly waives any right of Mortgagor to <br />reinstate this Mortgage as provided in Sectio� 16 of the Deed of Tntst Act if payment of any <br />Tndebtedness is declazed due or accelerated by Administrative Agent. <br />Section 15.3. Sim le Descri tion. As required by Section 14-11-10.1 NMSA 197$, a <br />simple description of the Property is: N/A <br />Section 15.4. Impaund Account The impound funds may be applied as provided in <br />S�ction 3.4 of the Credit Agreement despite any provisions of Section 48-7-8 NMSA 1978. <br />Section 15.5. Limitation an, Indemnitv. To the extent, if at a11, 56-7-1 NMSA 1978, as <br />amended, is applicable, any agreement to indemnify, hold hanmless, insure ar defend anather <br />party contained herein or in any related documents will not extend to liability, claims, damages, <br />losses or expenses, including attarneys' fees, arising out of bodily injury to persons or damage to <br />property caused by ar resulting from, in who�e or in part, the negligent act or amission of any <br />indemnitee, its officers, employees or agents. <br />ARTICLE XVI <br />Special Ohio Provisions <br />67 <br />
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