ADDRESS SET FORTH ON THE FIRST PAGE OF THIS
MORTGAGE AND TO THE MORTGAGEE AS PROVIDED IN THE REVOLVING FACILITY CREDIT
AGREEMENT.
SECTION 3.03.
SUCCESSORS AND ASSIGNS.
ALL OF THE GRANTS, COVENANTS, TERMS,
PROVISIONS AND CONDITIONS HEREIN SHALL RUN WITH THE PREMISES AND THE
IMPROVEMENTS AND SHALL APPLY TO, BIND AND INURE TO, THE BENEFIT OF THE PERMITTED
SUCCESSORS AND ASSIGNS OF MORTGAGOR AND THE SUCCESSORS AND ASSIGNS OF MORTGAGEE.
SECTION 3.04.
SATISFACTION AND CANCELATION.
(A)
THIS MORTGAGE SHALL CONTINUE
IN EFFECT (NOTWITHSTANDING THE FACT THAT FROM TIME TO TIME THERE MAY BE NO
SECURED OBLIGATIONS OUTSTANDING) UNTIL (I) THE REVOLVING FACILITY CREDIT
AGREEMENT HAS TERMINATED PURSUANT TO ITS EXPRESS TERMS AND (II) ALL OF THE
SECURED OBLIGATIONS HAVE BEEN INDEFEASIBLY PAID AND PERFORMED IN FULL (OR WITH
RESPECT TO ANY OUTSTANDING LETTERS OF CREDIT, HAVE BEEN CASH COLLATERALIZED AS
REQUIRED BY THE REVOLVING FACILITY CREDIT AGREEMENT) AND NO COMMITMENTS OF THE
AGENT OR THE LENDERS WHICH WOULD GIVE RISE TO ANY SECURED OBLIGATIONS ARE
OUTSTANDING.
(B)
UPON ANY SALE OR OTHER TRANSFER BY MORTGAGOR OF THE MORTGAGED PROPERTY THAT
IS PERMITTED UNDER SECTION 4.1(D) OF THE SECURITY AGREEMENT TO ANY PERSON THAT
IS NOT ANOTHER GRANTOR OR, UPON THE EFFECTIVENESS OF ANY WRITTEN CONSENT TO THE
RELEASE OF THE SECURITY INTEREST GRANTED HEREBY IN THE MORTGAGED PROPERTY
PURSUANT TO SECTION 9.02 OF THE REVOLVING FACILITY CREDIT AGREEMENT, THE
SECURITY INTEREST IN THE MORTGAGED PROPERTY SHALL BE AUTOMATICALLY RELEASED.
(C)
IN CONNECTION WITH ANY TERMINATION OR RELEASE PURSUANT TO PARAGRAPH (A) OR
(B), THE MORTGAGE SHALL BE MARKED "SATISFIED" BY THE MORTGAGEE, AND THIS
MORTGAGE SHALL BE CANCELED OF RECORD AT THE REQUEST AND AT THE EXPENSE OF THE
MORTGAGOR.
MORTGAGEE SHALL EXECUTE ANY DOCUMENTS REASONABLY REQUESTED BY
MORTGAGOR TO ACCOMPLISH THE FOREGOING OR TO ACCOMPLISH ANY RELEASE CONTEMPLATED
BY THIS SECTION 3.04 AND MORTGAGOR WILL PAY ALL COSTS AND EXPENSES, INCLUDING
REASONABLE ATTORNEYS' FEES, DISBURSEMENTS AND OTHER CHARGES, INCURRED BY
MORTGAGEE IN CONNECTION WITH THE PREPARATION AND EXECUTION OF SUCH DOCUMENTS.
SECTION 3.05.
DEFINITIONS.
AS USED IN THIS MORTGAGE, THE SINGULAR SHALL
INCLUDE THE PLURAL AS THE CONTEXT REQUIRES AND THE FOLLOWING WORDS AND PHRASES
SHALL HAVE THE FOLLOWING
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MEANINGS: (A) "INCLUDING" SHALL MEAN "INCLUDING BUT NOT LIMITED TO";
(B) "PROVISIONS" SHALL MEAN "PROVISIONS, TERMS, COVENANTS AND/OR CONDITIONS";
(C) "LIEN" SHALL MEAN "LIEN, CHARGE, ENCUMBRANCE, SECURITY INTEREST, MORTGAGE OR
DEED OF TRUST"; (D) "OBLIGATION" SHALL MEAN "OBLIGATION, DUTY, COVENANT AND/OR
CONDITION"; AND (E) "ANY OF THE MORTGAGED PROPERTY" SHALL MEAN "THE MORTGAGED
PROPERTY OR ANY PART THEREOF OR INTEREST THEREIN".
ANY ACT THAT MORTGAGEE IS
PERMITTED TO PERFORM HEREUNDER MAY BE PERFORMED AT ANY TIME AND FROM TIME TO
TIME BY MORTGAGEE OR ANY PERSON OR ENTITY DESIGNATED BY MORTGAGEE.
ANY ACT THAT
IS PROHIBITED TO MORTGAGOR HEREUNDER IS ALSO PROHIBITED TO ALL LESSEES OF ANY OF
THE MORTGAGED PROPERTY.
EACH APPOINTMENT OF MORTGAGEE AS ATTORNEY-IN-FACT FOR
MORTGAGOR UNDER THE MORTGAGE IS IRREVOCABLE, WITH POWER OF SUBSTITUTION AND
COUPLED WITH AN INTEREST.
SUBJECT TO THE APPLICABLE PROVISIONS