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<br />printing, photocopying, duplicating and other expenses, air freight charges, and fees billed for law clerks,
<br />paralegals, librarians and others not admitted to the bar but performing services under the supervision of
<br />an attorney. The terms “attorneys’ fees” and “attorneys’ fees and costs” shall also each include all such
<br />fees and expenses incurred with respect to appeals, arbitrations and bankruptcy proceedings, and whether
<br />or not any action or proceeding is brought with respect to the matter for which said fees and exp enses
<br />were incurred and shall also include all such fees and expenses incurred in enforcing any judgment. This
<br />agreement to pay costs is part of and not a limitation on any obligation on the part of the Grantor to pay
<br />costs and expenses under the Borrower Loan Agreement.
<br />Section 5.11. Governing Law. THIS MORTGAGE SHALL BE GOVERNED BY AND
<br />CONSTRUED IN ACCORDANCE WITH THE LAW OF THE STATE WHERE THE PROPERTY IS
<br />LOCATED, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PRINCIPLES.
<br />NOTWITHSTANDING THE FOREGOING, THE PARTIES STIPULATE AND AGREE THAT
<br />THE BENEFICIARY MAY ENFORCE, IN ACCORDANCE WITH THE LAW OF THE STATE
<br />WHERE THE PROPERTY IS LOCATED, ANY OR ALL OF ITS RIGHTS TO SUE THE GRANTOR,
<br />TO COLLECT ANY INDEBTEDNESS IN NEVADA OR ELSEWHERE, BEFORE OR AFTER
<br />FORECLOSURE, AND IF THE BENEFICIARY OBTAINS A DEFICIENCY JUDGMENT OUTSIDE
<br />OF THE STATE WHERE THE PROPERTY IS LOCATED, THE BENEFICIARY MAY ENFORCE
<br />THAT JUDGMENT IN THE STATE WHERE THE PROPERTY IS LOCATED, AS WELL AS IN
<br />OTHER STATES.
<br />Section 5.12. Construction. Whenever required by the context hereof, the singular shall be
<br />deemed to include the plural, and the plural shall be deemed to include the singular, and the masculine,
<br />feminine and neuter genders shall each be deemed to include the others. Except as otherwise indicated
<br />herein, all section and exhibit references in this Mortgage shall be deemed to refer to the sections and
<br />exhibits of and to this Mortgage, and the terms “herein”, “hereof”, “hereto”, “hereunder” and similar
<br />terms refer to this Mortgage generally rather than to the particular provision in which such term is used.
<br />Whenever the words “including”, “include” or “includes” are used in this Mortgage, they shall be
<br />interpreted as though immediately followed by the words “without limitation.” As used herein, the word
<br />“person” includes corporation, partnership, limited liability company, and any other form of association,
<br />as well as any governmental or quasi-governmental body or agency.
<br />Section 5.13. Non-foreign Entity. Section 1445 of the Internal Revenue Code of 1986, as
<br />amended (the “Internal Revenue Code”) provides that a transferee of a U.S. real property interest must
<br />withhold tax if the transferor is a foreign person. To inform the Beneficiary that the withholding of tax
<br />will not be required in the event of the disposition of the Property pursuant to the terms of this Mortgage,
<br />the Grantor hereby certifies, under penalty of perjury, that the Grantor is not a foreign corporation,
<br />foreign partnership, foreign trust or foreign estate, as those terms are defined in the Internal Revenue
<br />Code and the regulations promulgated thereunder, that the Grantor’s U.S. employer identification number
<br />and that the Grantor’s principal place of business is as set forth on the first page of this Mortgage. It is
<br />understood that the Beneficiary may disclose the contents of this certification to the Internal Revenue
<br />Service and that any false statement contained herein could be punished by fine, imprisonment or both.
<br />The Grantor shall execute such further certificates, which shall be signed under penalty of perjury, as the
<br />Beneficiary shall reasonably require. The covenants set forth in this Section shall survive the foreclosure
<br />of the lien of this Mortgage or acceptance of a deed in lieu thereof.
<br />Section 5.14. Access to Property and Dissemination of Information. The Grantor hereby
<br />authorizes the Beneficiary, the Controlling Person, any prospective bidder at any foreclosure sale, or in
<br />connection with the exercise of the power of sale hereunder, and their respective officers, directors,
<br />employees, agents and independent contractors, upon reasonable prior notice and so long as such persons
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