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201107605
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Last modified
10/17/2011 3:05:04 PM
Creation date
10/13/2011 12:43:26 PM
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DEEDS
Inst Number
201107605
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201107605 <br />Section 9.18 Sever-ability of Provisions. Any provision hereof which is invalid, ille- <br />gal or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such <br />invalidity, illegality or unenf'orceability without invalidating the remaining provisions hereof or af'f'ecting <br />the validity, legality or enforceability of such provision in any other jurisdiction. <br />Section 9.19 Execution in Counterparts. This Deed of Trust and any amendments, <br />waivers, consents or supplements hereto may be executed in any number of counterparts and by different <br />parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to <br />be an original, but all such counterparts together shall constitute one and the same agreement. Delivery of <br />any executed counterpart of a signature page of this Deed of Trust by facsimile or other electronic trans- <br />mission shall be effective as delivery of a manually executed counterpart of this Deed of Trust. <br />Section 9.20 Business Days. In the event any time period or any date provided in this <br />Deed of Trust ends or falls on a day other than a Business Day, then such time period shall be deemed to <br />end and such date shall be deemed to fall on the next succeeding BLIsmess Day, and performance herein <br />may be made on such Business Day, with the same force and effect as if made on such other day. <br />Section 9.21 No Credit for Payment of Taxes or imposition. Grantor shall not be <br />entitled to any credit against the principal, premium, if any, or interest payable under the Credit Agree- <br />ment, and Grantor shall not be entitled to any credit against any other sums which may become payable <br />under the terms thereof or hereof, by reason of the payment of any Tax on the Mortgaged Property or any <br />part thereof. <br />Section 9.22 No Claims Against Administrative A errt. Nothing contained in this <br />Deed of Trust shall constitute any consent or request by Administrative Agent, express or implied, for the <br />performance of any labor or services or the furnishing of any materials or other property in respect of the <br />Mortgaged Property or any part thereof, nor as giving Grantor any right, power or authority to contract for <br />Of permit the performance of any labor or services or the furnishing of any materials or other property in <br />such fashion as would permit the making of any claim against Administrative Agent in respect thereof or <br />any claim that any lien based on the performance of such labor or services or the furnishing of any such <br />materials or other property is prior to the lien hereof. <br />Section 9.23 No Release. Nothing set forth in this Deed of Trust or any other Loan <br />Document, nor the exercise by Administrative Agent of any of the rights or remedies hereunder, shall re- <br />lieve Grantor from the performance of any term, covenant, condition or agreement on Grantor's part to be <br />performed or observed under or in respect of any of the Mortgaged Property or from any liability to any <br />person under or in respect of any of the Mortgaged Property or shall impose any obligation on Adminis- <br />trative Agent of any other Secured Party to perform or observe any such term, covenant, condition or <br />agreement on Grantor's part to be so performed or observed or shall impose any liability on Administra- <br />tive Agent or any other Secured Party for any act or omission on the part of Grantor relating thereto or for <br />any breach of any representation or warranty on the part of Grantor contained in this Deed of Trust, the <br />Credit Agreement or the other Loan Documents, or under or in respect of the Mortgaged Property or, <br />made in connection herewith or therewith. Anything herein to the contrary notwithstanding, neither Ad- <br />ministrative Agent nor any other Secured Party shall have any obligation or liability under any contracts, <br />agreements and other documents included in the Mortgaged Property by reason of this Deed of Trust, not <br />shall Administrative Agent or any other Secured Party be obligated to perform any of the obligations or <br />duties of Grantor thereunder or to take any action to collect or enforce any such contract, agreement or <br />other document included in the Mortgaged Property hereunder. The obligations of Grantor contained in <br />this Section 9.23 shall survive the termination hereof and the discharge of Grantor's other obligations un- <br />der this Deed of Trust, the Credit Agreement and the other Loan Documents. <br />-17- <br />
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