Mortgage Lien. This Mortgage constitutes a valid mortgage and, upon proper recording hereof, will constitute a valid and perfected mortgage lien, and security interest in the Mortgaged Property (subject only to the Permitted Liens and any mortgage filed pursuant to the provisions of the Intercreditor Agreement), and there are no defenses or offsets to the Company’s obligations pursuant to this Mortgage or the other Transaction Documents, including without limitation, the Company’s applicable obligations to pay and perform the Secured Obligations.
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Mortgage Lien. This Mortgage constitutes a valid mortgage and, upon proper recording hereof, will constitute a valid and perfected mortgage lien, and security interest in the Mortgaged Property (subject only to the Permitted Liens and any mortgage filed pursuant to the provisions of the Intercreditor AgreementLiens), and there are no defenses or offsets to the Company’s obligations pursuant to this Mortgage or the other Transaction Documents, including without limitation, the Company’s applicable obligations to pay and perform the Secured Obligations.
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