OUT OF THE MORTGAGED PROPERTY SO TRANSFERRED.
(B)
WITHOUT LIMITING THE APPLICATION OF SECTION 4.10(A) HEREOF, THE
MORTGAGOR AGREES TO PAY OR REIMBURSE THE MORTGAGEE FOR ALL REASONABLE EXPENSES,
FEES AND COSTS DESCRIBED IN SECTION 1.06 WHICH ARE EXPENDED OR INCURRED BY THE
MORTGAGEE OR ANY INDEMNITEE PURSUANT TO SECTION 4.09 OF THIS MORTGAGE.
(C)
WITHOUT LIMITING THE APPLICATION OF SECTION 4.10 (A) AND
(B) HEREOF, THE MORTGAGOR AGREES TO PAY, INDEMNIFY AND HOLD EACH INDEMNITEE
HARMLESS FROM AND AGAINST ANY LOSS, COSTS, DAMAGES AND EXPENSES WHICH SUCH
INDEMNITEE MAY SUFFER, EXPEND OR INCUR IN CONSEQUENCE OF OR GROWING OUT OF ANY
MISREPRESENTATION BY THE MORTGAGOR IN THIS MORTGAGE OR IN ANY WRITING
CONTEMPLATED BY OR MADE OR DELIVERED PURSUANT TO OR IN CONNECTION WITH THIS
MORTGAGE.
(D)
IF AND TO THE EXTENT THAT THE OBLIGATIONS OF THE MORTGAGOR UNDER
THIS SECTION 4.10 ARE UNENFORCEABLE FOR ANY REASON, THE MORTGAGOR HEREBY AGREES
TO MAKE THE MAXIMUM CONTRIBUTION TO THE PAYMENT AND SATISFACTION OF SUCH
OBLIGATIONS WHICH IS PERMISSIBLE UNDER APPLICABLE LAW.
4.11
INDEMNITY OBLIGATIONS SECURED BY MORTGAGED PROPERTY; SURVIVAL.
ANY
AMOUNTS PAID BY ANY INDEMNITEE AS TO WHICH SUCH INDEMNITEE HAS THE RIGHT TO
REIMBURSEMENT
SHALL CONSTITUTE OBLIGATIONS SECURED BY THE MORTGAGED PROPERTY.
THE INDEMNITY
OBLIGATIONS OF THE MORTGAGOR CONTAINED IN SECTION 4.10 SHALL CONTINUE IN FULL
FORCE AND EFFECT NOTWITHSTANDING THE FULL PAYMENT OF ALL OF THE OTHER
OBLIGATIONS AND NOTWITHSTANDING ANY OR ALL OF THE FOLLOWING:
(I) FULL PAYMENT
AND DISCHARGE OF ALL OTHER OBLIGATIONS, (II) FULL PAYMENT OF ALL NOTES ISSUED
AND LOANS MADE UNDER THE CREDIT AGREEMENT, (III) TERMINATION OF ALL LETTERS OF
CREDIT ISSUED UNDER THE CREDIT AGREEMENT, (IV) TERMINATION OF ALL INTEREST RATE
AGREEMENTS ENTERED INTO WITH THE OTHER CREDITORS AND (V) RELEASE OF THE LIEN
CREATED BY THIS MORTGAGE.
ARTICLE V
ADDITIONAL COLLATERAL
5.01
ADDITIONAL COLLATERAL.
(A)
THE MORTGAGOR ACKNOWLEDGES AND AGREES THAT
THE OBLIGATIONS ARE SECURED BY THE MORTGAGED PROPERTY AND VARIOUS OTHER
COLLATERAL INCLUDING, WITHOUT LIMITATION, AT THE TIME OF EXECUTION OF THIS
MORTGAGE CERTAIN PERSONAL PROPERTY OF THE MORTGAGOR AND OTHER PARTIES DESCRIBED
IN THE FINANCING DOCUMENTS.
THE MORTGAGOR SPECIFICALLY ACKNOWLEDGES AND AGREES
THAT THE MORTGAGED PROPERTY, IN AND OF ITSELF, IF FORECLOSED OR REALIZED UPON
WOULD NOT BE SUFFICIENT TO SATISFY THE OUTSTANDING AMOUNT OF THE OBLIGATIONS.
ACCORDINGLY, THE MORTGAGOR ACKNOWLEDGES THAT IT IS IN THE MORTGAGOR'S
CONTEMPLATION THAT THE OTHER COLLATERAL PLEDGED TO SECURE THE OBLIGATIONS MAY BE
PURSUED BY THE MORTGAGEE IN SEPARATE PROCEEDINGS IN THE VARIOUS STATES, COUNTIES
AND OTHER COUNTRIES WHERE SUCH COLLATERAL MAY BE LOCATED AND ADDITIONALLY THAT
THE MORTGAGOR AND OTHER PARTIES LIABLE FOR PAYMENT OF THE OBLIGATIONS WILL
REMAIN LIABLE FOR ANY DEFICIENCY JUDGMENTS IN ADDITION TO ANY AMOUNTS THE
MORTGAGEE MAY REALIZE ON SALES OF OTHER PROPERTY OR ANY OTHER COLLATERAL GIVEN
AS SECURITY FOR THE OBLIGATIONS.
SPECIFICALLY, AND WITHOUT LIMITATION OF THE
FOREGOING, IT IS AGREED THAT IT IS THE INTENT OF THE PARTIES HERETO THAT IN THE
EVENT OF A FORECLOSURE OF THIS MORTGAGE, THE INDEBTEDNESS EVIDENCING THE
OBLIGATIONS