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<br />Section 5.15. Successors and Assigns. This Mortgage applies to, inures to the benefit of and
<br />binds the Grantor and the heirs, legatees, devisees, administrators, personal representatives, executors and
<br />the successors and assigns thereof, and the Beneficiary. The term “Beneficiary” means the Person named
<br />herein as the Beneficiary, and its successors-in-interest or assigns under the Funding Loan Documents
<br />from time to time, whether or not named as the Beneficiary herein and any such successor or assignee
<br />shall be for all purposes the sole Beneficiary after the date of such substitution. Without limiting the
<br />generality of the foregoing, (a) the parties acknowledge that this Mortgage is being assigned to the Fiscal
<br />Agent immediately following execution and delivery hereof; and (b) the Controlling Person and the
<br />Noteowners are and shall be express third party beneficiaries of the rights of the Beneficiary hereunder.
<br />The term “Grantor” means the Grantor named herein and the successors-in-interest, if any, of the named
<br />the Grantor in and to the Property or any part thereof. If there is more than one Grantor hereunder, their
<br />obligations are joint and several. This Section shall not be deemed a waiver of any of the provisions of
<br />Section 1.12 hereof, Section 10.2 of the Borrower Loan Agreement or Section [____] of the Land Use
<br />Restriction Agreement.
<br />Section 5.16. No Merger of Lease. Upon the foreclosure of the lien created by this Mortgage
<br />on the Property or the exercise of the power of sale granted hereunder pursuant to the provisions hereof,
<br />any Lease then existing and affecting all or any portion of the Property shall not be destroyed or
<br />terminated by application of the law of merger or as a matter of law or as a result of such foreclosure
<br />unless the Beneficiary or any purchaser at such foreclosure or exercise of the power of sale shall so elect.
<br />If both the lessor’s and lessee’s estate under any Lease or any portion thereof which constitutes a part of
<br />the Property shall at any time become vested in one owner, this Mortgage and the lien created hereby
<br />shall not be destroyed or terminated by application of the doctrine of merger unless the Beneficiary so
<br />elects as evidenced by recording a written declaration so stating, and, unless and until the Beneficiary so
<br />elects, the Beneficiary shall continue to have and enjoy all of the rights and privileges of the Beneficiary
<br />hereunder as to the separate estates.
<br />Section 5.17. Counterparts; Electronic Signatures. This Mortgage may be executed in several
<br />counterparts, each of which shall be an original and all of which shall constitute but one and the same
<br />instrument. To the fullest extent permitted by applicable law, electronically transmitted or facsimile
<br />signatures shall constitute original signatures for all purposes under this Mortgage.
<br />Section 5.18. Indemnity.
<br />(a) The Grantor shall indemnify, defend, protect and hold harmless the Beneficiary
<br />and the Controlling Person, their respective parents, subsidiaries, directors, officers, employees,
<br />representatives, agents, successors, and assigns from and against any and all liability, damage, loss, cost,
<br />or expense (including, without limitation, attorneys’ fees and expenses), action, proceeding, claim or
<br />dispute incurred or suffered by the foregoing parties so indemnified except as the result of the gross
<br />negligence or willful misconduct of any party so indemnified, whether voluntarily or involuntarily
<br />incurred or suffered, in respect of the following:
<br />(i) any litigation concerning this Mortgage or the Property, or any interest of
<br />the Grantor or the Beneficiary therein, or the right of occupancy thereof by the Grantor or the Beneficiary,
<br />whether or not any such litigation is prosecuted to a final, non-appealable judgment;
<br />(ii) any dispute among or between any of the constituent parties or other
<br />partners or venturers of the Grantor if the Grantor is a general or limited partnership, or among or
<br />between any employees, officers, directors, shareholders, members or managers of the Grantor if the
<br />Grantor is a corporation or limited liability company, or among or between any members, trustees or other
<br />responsible parties if the Grantor is an association, trust or other entity;
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