HEREBY, ANY PAYMENTS OF THE OBLIGATIONS
SHALL NOT BE DEEMED TO BE APPLIED AGAINST, OR TO REDUCE, THE PORTION OF THE
OBLIGATIONS SECURED BY THIS MORTGAGE.
6.18
ACKNOWLEDGMENT OF RECEIPT.
THE MORTGAGOR HEREBY DECLARES AND ACKNOWLEDGES
THAT IT HAS RECEIVED A TRUE COPY OF THIS MORTGAGE.
6.19
RELEASE UPON FULL PAYMENT.
FOLLOWING THE TERMINATION DATE (AS HEREINAFTER
DEFINED), THIS MORTGAGE SHALL BE RELEASED OF RECORD, AND THE MORTGAGEE, AT THE
REQUEST AND EXPENSE OF THE MORTGAGOR, WILL PROMPTLY EXECUTE AND DELIVER TO THE
MORTGAGOR (WITHOUT RECOURSE AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND)
A PROPER INSTRUMENT OR INSTRUMENTS ACKNOWLEDGING THE SATISFACTION AND
TERMINATION OF THIS MORTGAGE OR, AT MORTGAGOR'S REQUEST, ASSIGN (WITHOUT
RECOURSE AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, OTHER THAN A
REPRESENTATION THAT THE MORTGAGEE HAS NOT ASSIGNED ITS INTEREST IN THIS MORTGAGE
AS OF SUCH DATE) THIS MORTGAGE; PROVIDED, HOWEVER, THAT ALL INDEMNITIES SET
FORTH IN SECTION 4.10 SHALL SURVIVE SUCH TERMINATION.
AS USED HEREIN, THE
"TERMINATION DATE" SHALL MEAN THE DATE UPON WHICH THE TOTAL COMMITMENT UNDER THE
CREDIT AGREEMENT HAS BEEN TERMINATED, ALL INTEREST RATE AGREEMENTS ENTERED INTO
WITH ANY OTHER CREDITOR HAVE BEEN TERMINATED, NO NOTE UNDER THE CREDIT AGREEMENT
IS OUTSTANDING, ALL LOANS HAVE BEEN REPAID IN FULL, ALL LETTERS OF CREDIT ISSUED
UNDER THE CREDIT AGREEMENT HAVE BEEN TERMINATED AND ALL OBLIGATIONS THEN DUE AND
PAYABLE HAVE BEEN PAID IN FULL.
IN ADDITION, THIS MORTGAGE SHALL BE WHOLLY OR
PARTIALLY RELEASED OF RECORD OR ASSIGNED AS PROVIDED HEREIN, AS APPROPRIATE, IN
THE EVENT OF A SALE OR OTHER TRANSFER OF ALL OR A PORTION OF THE MORTGAGED
PROPERTY SPECIFICALLY PERMITTED PURSUANT TO THE CREDIT AGREEMENT (A "PERMITTED
RELEASE").
THE MORTGAGEE, UPON WRITTEN REQUEST OF THE MORTGAGOR, ACCOMPANIED BY
ALL DOCUMENTATION (INCLUDING BUT NOT LIMITED TO AN OFFICER'S CERTIFICATE)
REQUIRED UNDER THE CREDIT AGREEMENT DEMONSTRATING DUE COMPLIANCE WITH THE TERMS
AND CONDITIONS OF THE CREDIT AGREEMENT, SHALL, AT THE EXPENSE OF THE MORTGAGOR,
PROMPTLY EXECUTE AND DELIVER TO THE MORTGAGOR (WITHOUT RECOURSE AND WITHOUT
REPRESENTATION OR WARRANTY OF ANY KIND) A PROPER INSTRUMENT OR INSTRUMENTS
EVIDENCING THE PERMITTED RELEASE; BUT PROVIDED IN THE CASE OF TOTAL RELEASE THAT
THE INDEMNITIES SET FORTH IN SECTION 4.10 SHALL SURVIVE THE RELEASE OF THIS
MORTGAGE.
6.20
TIME OF THE ESSENCE.
TIME IS OF THE ESSENCE WITH RESPECT TO THE
OBLIGATIONS OF THE MORTGAGOR UNDER THIS MORTGAGE.
6.21
THE MORTGAGEE'S POWERS.
WITHOUT AFFECTING THE LIABILITY OF ANY OTHER
PERSON LIABLE FOR THE PAYMENT AND PERFORMANCE OF THE OBLIGATIONS AND WITHOUT
AFFECTING THE LIEN OF THIS MORTGAGE IN ANY WAY, THE MORTGAGEE MAY, FROM TIME TO
TIME, REGARDLESS OF CONSIDERATION AND WITHOUT NOTICE TO OR CONSENT BY THE HOLDER
OF ANY SUBORDINATE LIEN, RIGHT, TITLE OR INTEREST IN OR TO THE MORTGAGED
PROPERTY, (A) RELEASE ANY PERSONS LIABLE FOR THE OBLIGATIONS, (B) EXTEND THE
MATURITY OF, INCREASE OR OTHERWISE ALTER ANY OF THE TERMS OF THE OBLIGATIONS,
(C) MODIFY THE INTEREST RATE PAYABLE ON THE PRINCIPAL BALANCE OF THE
OBLIGATIONS, (D) RELEASE OR RECONVEY, OR CAUSE