Common use of Amendment and Restatement; Confirmation of Liens Clause in Contracts

Amendment and Restatement; Confirmation of Liens. This Deed of Trust is an amendment and restatement of the Original Deed of Trust and supersedes the Original Deed of Trust in its entirety; provided, however, that (a) the execution and delivery of this Deed of Trust shall not effect a novation of the Original Deed of Trust but shall be, to the fullest extent applicable, a modification, renewal, confirmation and extension of such Original Deed of Trust, and (b) the Liens, security interests and other interests in the collateral covered by the Original Deed of Trust (hereinafter the “Original Collateral”) granted under the Original Deed of Trust are and shall remain legal, valid, binding and enforceable with regard to such Original Collateral. Mortgagor hereby acknowledges and confirms the continuing existence and effectiveness of such Liens, security interests, and other interests in the Original Collateral granted under the Original Deed of Trust, and further agrees that the execution and delivery of this Deed of Trust and the other Loan Documents shall not in any way release, diminish, impair, reduce or otherwise affect such Liens, security interests and other interests in the Original Collateral granted under the Original Deed of Trust. ]7 6 Delete for MERI mortgage. 7 Delete for MERI mortgage. EXECUTED AND DELIVERED effective as of the date first written above. [MARINER ENERGY, INC.] [MARINER ENERGY RESOURCES, INC.], a Delaware corporation By: Sxxxx X. Xxxxx Chief Executive Officer UNION BANK OF CALIFORNIA, N.A. as Mortgagee for the ratable benefit of the Credit Parties By: Dxxxxx Xxxxxxxxx Senior Vice President THE STATE OF TEXAS § § COUNTY OF HXXXXX § This instrument was acknowledged before me on this [___] day of March, 2006, by Sxxxx X. Xxxxx, Chief Executive Officer of MARINER ENERGY INC., a Delaware corporation, on behalf of said corporation. Notary Public in and for the State of Texas THE STATE OF TEXAS § § COUNTY OF HXXXXX § This instrument was acknowledged before me on this [___] day of March, 2006, by Dxxxxx Xxxxxxxxx, as Senior Vice President of UNION BANK OF CALIFORNIA, N.A., a national association, on behalf of said association. Notary Public in and for the State of Texas Any reference in this Exhibit to wxxxx or units is for warranty of interest, administrative convenience, and identification and shall not limit or restrict the right, title, interest, or properties covered by this Deed of Trust. All right, title, and interest of Mortgagor in the properties described herein are and shall be subject to this Deed of Trust, regardless of the presence of any units or wxxxx not described herein.

Amendment and Restatement; Confirmation of Liens. This Deed of Trust Agreement is an amendment and restatement of the Original Deed of Trust Existing Security Agreement, and supersedes the Original Deed of Trust Existing Security Agreement in its entirety; provided, however, that (ai) the execution and delivery of this Deed of Trust Security Agreement shall not effect a novation of the Original Deed of Trust Existing Security Agreement but shall be, to the fullest extent applicable, a in modification, renewal, confirmation and extension of such Original Deed of TrustExisting Security Agreement, and (bii) the Liens, security interests and other interests in the collateral covered by Collateral (as such term is defined in the Original Deed of Trust (Existing Security Agreement, hereinafter the “Original Collateral”) granted under the Original Deed of Trust Existing Security Agreement are and shall remain legal, valid, binding and enforceable with regard to such Original Collateral. Mortgagor Each Grantor party to the Existing Security Agreement hereby acknowledges and confirms the continuing existence and effectiveness of such Liens, security interests, interests and other interests in the Original Collateral granted under the Original Deed of TrustExisting Security Agreement, and further agrees that the execution and delivery of this Deed of Trust Security Agreement and the other Loan Documents shall not in any way release, diminish, impair, reduce or otherwise affect such Liens, security interests and other interests in the Original Collateral granted under the Original Deed of TrustExisting Security Agreement. ]7 6 Delete for MERI mortgageTHIS WRITTEN AGREEMENT AND THE CREDIT DOCUMENTS, AS DEFINED IN THE CREDIT AGREEMENT, REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. 7 Delete for MERI mortgageTHERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. EXECUTED AND DELIVERED effective as of the date first written aboveabove written. [MARINER ENERGYBANK OF AMERICA, INC.] [MARINER N.A., as Administrative Agent By: /s/ Xxxxxx X. XxXxxx Name: Xxxxxx X. XxXxxx Title: Senior Vice President STONE ENERGY RESOURCES, INC.]CORPORATION, a Delaware corporation By: Sxxxx /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: President and Chief Executive Officer UNION BANK OF CALIFORNIABy: /s/ Xxxxxxx X. Beer Name: Xxxxxxx X. Beer Title: Senior Vice President and Chief Financial Officer STONE ENERGY OFFSHORE, L.L.C., a Delaware limited liability company Through its sole member, STONE ENERGY CORPORATION By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: President and Chief Executive Officer By: /s/ Xxxxxxx X. Beer Name: Xxxxxxx X. Beer Title: Senior Vice President and Chief Financial Officer Stone Energy Corporation Delaware Corporation 2329102 000 X. Xxxxxxx Xxxxxx Road Lafayette, Louisiana 70508 Stone Energy Offshore, L.L.C. Bois d’Arc Properties, LP; Bois d’Arc Energy, Inc.; Bois d’Arc Holdings, LLC; Bois d’Arc Offshore Ltd. Delaware Limited Liability Company 4537731 000 X. Xxxxxxx Xxxxxx Road Lafayette, Louisiana 70508 c/o Stone Energy Corporation 000 X. Xxxxxxx Xxxxxx Road Lafayette, LA 70508 ATTN: Xxxxxxx X. Beer, Senior Vice President and Chief Financial Officer Telephone: (000) 000-0000 Facsimile: (000) 000-0000 This SUPPLEMENT NO. [ ] dated as of [ ] (this “Supplement”), is delivered in connection with the Security Agreement dated as of August [ ], 2008 (as amended or otherwise modified from time to time, the “Security Agreement”), among Stone Energy Corporation (the “Borrower”), certain subsidiaries of the Borrower party thereto from time to time (such subsidiaries together with the Borrower, the “Debtors”), and Bank of America, N.A. (“BOA”), as Mortgagee administrative agent (in such capacity, the “Agent”) for the ratable benefit of the Secured Parties (as defined therein). A. Reference is made to the Second Amended and Restated Credit Parties By: Dxxxxx Xxxxxxxxx Senior Vice President Agreement dated as of August [ ], 2008 (as amended or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the lenders from time to time party thereto (the “Banks”), and the Agent. B. The Debtors have entered into the Security Agreement as a condition precedent to the effectiveness of the Credit Agreement. Section 7.12 of the Security Agreement provides that additional Subsidiaries of the Borrower may become Debtors under the Security Agreement by execution and delivery of an instrument in the form of this Supplement. The undersigned Subsidiary (the “New Debtor”) is executing this Supplement in accordance with the requirements of the Credit Agreement to become a Debtor under the Security Agreement. C. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Security Agreement or, where any such term is not defined in the Security Agreement, the Credit Agreement. Accordingly, the Agent and the New Debtor agree as follows: SECTION 1. In accordance with Section 7.12 of the Security Agreement, the New Debtor by its signature below becomes a Debtor under the Security Agreement with the same force and effect as if originally named therein as a Debtor, and the New Debtor hereby (a) agrees to all the terms and provisions of the Security Agreement applicable to it as a Debtor thereunder and (b) represents and warrants that the representations and warranties made by it as a Debtor thereunder are true and correct on and as of the date hereof. The Schedules to the Security Agreement are hereby supplemented by the Schedules attached hereto with respect to the New Debtor. In furtherance of the foregoing, the New Debtor, as security for the payment and performance in full of the Secured Obligations (as defined in the Security Agreement), does hereby create and grant to the Agent, for the benefit of the Secured Parties, a security interest in and lien on all of the New Debtor’s right, title and interest in and to the Collateral of the New Debtor. Each reference to a “Debtor” in the Security Agreement shall be deemed to include the New Debtor. SECTION 2. The New Debtor represents and warrants to the Agent that this Supplement has been duly authorized, executed and delivered by it and constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms. SECTION 3. This Supplement may be executed by one or more of the parties to this Agreement on any number of separate counterparts (including by telecopy), and all of said counterparts taken together shall be deemed to constitute one and the same instrument. SECTION 4. Except as expressly supplemented hereby, the Security Agreement and the Guaranties shall remain in full force and effect. SECTION 5. THIS SUPPLEMENT SHALL BE GOVERNED BY, AND INTERPRETED AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS § § COUNTY OF HXXXXX § This instrument was acknowledged before me on this [___] day TEXAS. SECTION 6. All communications and notices to the New Debtor under the Security Agreement shall be in writing and given as provided in Section 7.2 of March, 2006, by Sxxxx X. Xxxxx, Chief Executive Officer of MARINER ENERGY INC., a Delaware corporation, on behalf of said corporation. Notary Public in and the Security Agreement to the address for the State New Debtor set forth under its signature below. SECTION 7. The New Debtor agrees to reimburse the Agent for its reasonable out-of-pocket expenses in connection with this Supplement, including the reasonable fees, other charges and disbursements of Texas THE STATE OF TEXAS § § COUNTY OF HXXXXX § This instrument was acknowledged before me on this [___] day of March, 2006, by Dxxxxx Xxxxxxxxx, as Senior Vice President of UNION BANK OF CALIFORNIA, N.A., a national association, on behalf of said association. Notary Public in and counsel for the State of Texas Any reference in this Exhibit to wxxxx or units is for warranty of interest, administrative convenience, and identification and shall not limit or restrict the right, title, interest, or properties covered by this Deed of Trust. All right, title, and interest of Mortgagor in the properties described herein are and shall be subject to this Deed of Trust, regardless of the presence of any units or wxxxx not described hereinAgent.

Amendment and Restatement; Confirmation of Liens. This Deed of Trust Agreement is an amendment and restatement of the Original Deed of Trust Existing Security Agreement, and supersedes the Original Deed of Trust Existing Security Agreement in its entirety; provided, however, that (ai) the execution and delivery of this Deed of Trust Security Agreement shall not effect a novation of the Original Deed of Trust Existing Security Agreement but shall be, to the fullest extent applicable, a in modification, renewal, confirmation and extension of such Original Deed of TrustExisting Security Agreement, and (bii) the Liens, security interests and other interests in the collateral covered by Collateral (as such term is defined in the Original Deed of Trust (Existing Security Agreement, hereinafter the “Original Collateral”) granted under the Original Deed of Trust Existing Security Agreement are and shall remain legal, valid, binding and enforceable with regard to such Original Collateral. Mortgagor Each Grantor party to the Existing Security Agreement hereby acknowledges and confirms the continuing existence and effectiveness of such Liens, security interests, interests and other interests in the Original Collateral granted under the Original Deed of TrustExisting Security Agreement, and further agrees that the execution and delivery of this Deed of Trust Security Agreement and the other Loan Credit Documents shall not in any way release, diminish, impair, reduce or otherwise affect such Liens, security interests and other interests in the Original Collateral granted under the Original Deed of TrustExisting Security Agreement. ]7 6 Delete for MERI mortgageTHIS WRITTEN AGREEMENT AND THE CREDIT DOCUMENTS, AS DEFINED IN THE CREDIT AGREEMENT, REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. 7 Delete for MERI mortgageTHERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. EXECUTED AND DELIVERED effective as of the date first written aboveabove written. [MARINER ENERGYBANK OF AMERICA, INC.] [MARINER N.A., as Administrative Agent By: Name: Title: STONE ENERGY RESOURCES, INC.]CORPORATION, a Delaware corporation By: Sxxxx /s/ Xxxxxxx X. Xxxxx Beer Name: Xxxxxxx X. Beer Title: Executive Vice President and Chief Financial Officer STONE ENERGY OFFSHORE, L.L.C., a Delaware limited liability company Through its sole member, STONE ENERGY CORPORATION By: /s/ Xxxxxxx X. Beer Name: Xxxxxxx X. Beer Title: Executive Vice President and Chief Financial Officer UNION BANK OF CALIFORNIAStone Energy Corporation Stone Energy Corporation (Rockies) Delaware Corporation 2329102 000 X. Xxxxxxx Xxxxxx Road Lafayette, Louisiana 70508 Stone Energy Offshore, L.L.C. Bois d’Arc Properties, LP; Bois d’Arc Energy, Inc.; Bois d’Arc Holdings, LLC; Bois d’Arc Offshore Ltd.; Stone Energy, L.L.C. Delaware Limited Liability Company 4537731 000 X. Xxxxxxx Xxxxxx Road Lafayette, Louisiana 70508 None. Debtor Issuer Type of Interest Certificate Number Number of Shares Percentage of Interests Stone Energy Corporation Stone Energy Offshore, L.L.C. LLC membership interests N/A N/A 100 % Stone Energy Corporation Stone Energy Holdings, L.L.C. LLC membership interests N/A N/A 100 % c/o Stone Energy Corporation 000 X. Xxxxxxx Xxxxxx Road Lafayette, Louisiana 70508 Attn: Xxxxxxx X. Beer, Executive Vice President and Chief Financial Officer Telephone: (000) 000-0000 Facsimile: (000) 000-0000 This SUPPLEMENT NO. [ ] dated as of [ ] (this “Supplement”), is delivered in connection with the Third Amended and Restated Security Agreement dated as of June 24, 2014 (as amended or otherwise modified from time to time, the “Security Agreement”), among Stone Energy Corporation (the “Borrower”), certain subsidiaries of the Borrower party thereto from time to time (such subsidiaries together with the Borrower, the “Debtors”), and Bank of America, N.A. (“BOA”), as Mortgagee administrative agent (in such capacity, the “Agent”) for the ratable benefit of the Secured Parties (as defined therein). A. Reference is made to the Fourth Amended and Restated Credit Parties By: Dxxxxx Xxxxxxxxx Senior Vice President Agreement dated as of June 24, 2014 (as amended or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the lenders from time to time party thereto (the “Banks”), and the Agent. B. The Debtors have entered into the Security Agreement as a condition precedent to the effectiveness of the Credit Agreement. Section 7.12 of the Security Agreement provides that additional Subsidiaries of the Borrower may become Debtors under the Security Agreement by execution and delivery of an instrument in the form of this Supplement. The undersigned Subsidiary (the “New Debtor”) is executing this Supplement in accordance with the requirements of the Credit Agreement to become a Debtor under the Security Agreement. C. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Security Agreement or, where any such term is not defined in the Security Agreement, the Credit Agreement. Accordingly, the Agent and the New Debtor agree as follows: SECTION 1. In accordance with Section 7.12 of the Security Agreement, the New Debtor by its signature below becomes a Debtor under the Security Agreement with the same force and effect as if originally named therein as a Debtor, and the New Debtor hereby (a) agrees to all the terms and provisions of the Security Agreement applicable to it as a Debtor thereunder and (b) represents and warrants that the representations and warranties made by it as a Debtor thereunder are true and correct on and as of the date hereof. The Schedules to the Security Agreement are hereby supplemented by the Schedules attached hereto with respect to the New Debtor. In furtherance of the foregoing, the New Debtor, as security for the payment and performance in full of the Secured Obligations (as defined in the Security Agreement), does hereby create and grant to the Agent, for the benefit of the Secured Parties, a security interest in and lien on all of the New Debtor’s right, title and interest in and to the Collateral of the New Debtor. Each reference to a “Debtor” in the Security Agreement shall be deemed to include the New Debtor. SECTION 2. The New Debtor represents and warrants to the Agent that this Supplement has been duly authorized, executed and delivered by it and constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms. SECTION 3. This Supplement may be executed by one or more of the parties to this Agreement on any number of separate counterparts (including by telecopy), and all of said counterparts taken together shall be deemed to constitute one and the same instrument. SECTION 4. Except as expressly supplemented hereby, the Security Agreement and the Guaranties shall remain in full force and effect. SECTION 5. THIS SUPPLEMENT SHALL BE GOVERNED BY, AND INTERPRETED AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS § § COUNTY OF HXXXXX § This instrument was acknowledged before me on this [___] day NEW YORK. SECTION 6. All communications and notices to the New Debtor under the Security Agreement shall be in writing and given as provided in Section 7.2 of March, 2006, by Sxxxx X. Xxxxx, Chief Executive Officer of MARINER ENERGY INC., a Delaware corporation, on behalf of said corporation. Notary Public in and the Security Agreement to the address for the State New Debtor set forth under its signature below. SECTION 7. The New Debtor agrees to reimburse the Agent for its reasonable out-of-pocket expenses in connection with this Supplement, including the reasonable fees, other charges and disbursements of Texas THE STATE OF TEXAS § § COUNTY OF HXXXXX § This instrument was acknowledged before me on this [___] day of March, 2006, by Dxxxxx Xxxxxxxxx, as Senior Vice President of UNION BANK OF CALIFORNIA, N.A., a national association, on behalf of said association. Notary Public in and counsel for the State of Texas Any reference in this Exhibit to wxxxx or units is for warranty of interest, administrative convenience, and identification and shall not limit or restrict the right, title, interest, or properties covered by this Deed of Trust. All right, title, and interest of Mortgagor in the properties described herein are and shall be subject to this Deed of Trust, regardless of the presence of any units or wxxxx not described hereinAgent.

Amendment and Restatement; Confirmation of Liens. This Deed of Trust Agreement is an amendment and restatement of the Original Deed of Trust Existing Security Agreement, and supersedes the Original Deed of Trust Existing Security Agreement in its entirety; provided, however, that (ai) the execution and delivery of this Deed of Trust Security Agreement shall not effect a novation of the Original Deed of Trust Existing Security Agreement but shall be, to the fullest extent applicable, a in modification, renewal, confirmation and extension of such Original Deed of TrustExisting Security Agreement, and (bii) the Liens, security interests and other interests in the collateral covered by Collateral (as such term is defined in the Original Deed of Trust (Existing Security Agreement, hereinafter the “Original Collateral”) granted under the Original Deed of Trust Existing Security Agreement are and shall remain legal, valid, binding and enforceable with regard to such Original Collateral. Mortgagor Each Grantor party to the Existing Security Agreement hereby acknowledges and confirms the continuing existence and effectiveness of such Liens, security interests, interests and other interests in the Original Collateral granted under the Original Deed of TrustExisting Security Agreement, and further agrees that the execution and delivery of this Deed of Trust Security Agreement and the other Loan Documents shall not in any way release, diminish, impair, reduce or otherwise affect such Liens, security interests and other interests in the Original Collateral granted under the Original Deed of TrustExisting Security Agreement. ]7 6 Delete for MERI mortgageTHIS WRITTEN AGREEMENT AND THE CREDIT DOCUMENTS, AS DEFINED IN THE CREDIT AGREEMENT, REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. 7 Delete for MERI mortgageTHERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. EXECUTED AND DELIVERED effective as of the date first written aboveabove written. [MARINER ENERGYBANK OF AMERICA, INC.] [MARINER N.A., as Administrative Agent By: Name: Xxxx Xxxxxx Title: Assistant Vice President STONE ENERGY RESOURCES, INC.]CORPORATION, a Delaware corporation By: Sxxxx Name: Xxxxx X. Xxxxx Title: President and Chief Executive Officer UNION BANK OF CALIFORNIA, N.A. as Mortgagee for the ratable benefit of the Credit Parties By: Dxxxxx Xxxxxxxxx Senior Name: Xxxxxxx X. Beer Title: Executive Vice President THE STATE OF TEXAS § § COUNTY OF HXXXXX § This instrument was acknowledged before me on this and Chief Financial Officer STONE ENERGY OFFSHORE, L.L.C., a Delaware limited liability company Through its sole member, STONE ENERGY CORPORATION By: Name: Xxxxx X. Xxxxx Title: President and Chief Executive Officer By: Name: Xxxxxxx X. Beer Title: Executive Vice President and Chief Financial Officer [__________] day of March, 2006, by Sxxxx X. Xxxxx, Chief Executive Officer of MARINER ENERGY INC., a Delaware corporation, on behalf of said corporation. Notary Public in and for the State of Texas THE STATE OF TEXAS § § COUNTY OF HXXXXX § This instrument was acknowledged before me on this [__________] day [__________] This SUPPLEMENT NO. [ ] dated as of March[ ] (this “Supplement”), 2006is delivered in connection with the Second Amended and Restated Security Agreement dated as of April 26, by Dxxxxx Xxxxxxxxx2011 (as amended or otherwise modified from time to time, the “Security Agreement”), among Stone Energy Corporation (the “Borrower”), certain subsidiaries of the Borrower party thereto from time to time (such subsidiaries together with the Borrower, the “Debtors”), and Bank of America, N.A. (“BOA”), as Senior Vice President administrative agent (in such capacity, the “Agent”) for the benefit of UNION BANK OF CALIFORNIAthe Secured Parties (as defined therein). A. Reference is made to the Third Amended and Restated Credit Agreement dated as of April 26, N.A.2011 (as amended or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the lenders from time to time party thereto (the “Banks”), and the Agent. B. The Debtors have entered into the Security Agreement as a condition precedent to the effectiveness of the Credit Agreement. Section 7.12 of the Security Agreement provides that additional Subsidiaries of the Borrower may become Debtors under the Security Agreement by execution and delivery of an instrument in the form of this Supplement. The undersigned Subsidiary (the “New Debtor”) is executing this Supplement in accordance with the requirements of the Credit Agreement to become a Debtor under the Security Agreement. C. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Security Agreement or, where any such term is not defined in the Security Agreement, the Credit Agreement. Accordingly, the Agent and the New Debtor agree as follows: SECTION 1. In accordance with Section 7.12 of the Security Agreement, the New Debtor by its signature below becomes a Debtor under the Security Agreement with the same force and effect as if originally named therein as a Debtor, and the New Debtor hereby (a) agrees to all the terms and provisions of the Security Agreement applicable to it as a Debtor thereunder and (b) represents and warrants that the representations and warranties made by it as a Debtor thereunder are true and correct on and as of the date hereof. The Schedules to the Security Agreement are hereby supplemented by the Schedules attached hereto with respect to the New Debtor. In furtherance of the foregoing, the New Debtor, as security for the payment and performance in full of the Secured Obligations (as defined in the Security Agreement), does hereby create and grant to the Agent, for the benefit of the Secured Parties, a national associationsecurity interest in and lien on all of the New Debtor’s right, title and interest in and to the Collateral of the New Debtor. Each reference to a “Debtor” in the Security Agreement shall be deemed to include the New Debtor. SECTION 2. The New Debtor represents and warrants to the Agent that this Supplement has been duly authorized, executed and delivered by it and constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms. To the Agent and the Banks c/o Bank of America, N.A. as Administrative Agent for the Banks [date] SECTION 3. This Supplement may be executed by one or more of the parties to this Agreement on behalf any number of separate counterparts (including by telecopy), and all of said associationcounterparts taken together shall be deemed to constitute one and the same instrument. SECTION 4. Notary Public Except as expressly supplemented hereby, the Security Agreement and the Guaranties shall remain in full force and effect. SECTION 5. THIS SUPPLEMENT SHALL BE GOVERNED BY, AND INTERPRETED AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK. SECTION 6. All communications and notices to the New Debtor under the Security Agreement shall be in writing and given as provided in Section 7.2 of the Security Agreement to the address for the State New Debtor set forth under its signature below. SECTION 7. The New Debtor agrees to reimburse the Agent for its reasonable out-of-pocket expenses in connection with this Supplement, including the reasonable fees, other charges and disbursements of Texas Any reference in this Exhibit to wxxxx or units is counsel for warranty the Agent. To the Agent and the Banks c/o Bank of interestAmerica, administrative convenience, and identification and shall not limit or restrict N.A. as Administrative Agent for the right, title, interest, or properties covered by this Deed of Trust. All right, title, and interest of Mortgagor in the properties described herein are and shall be subject to this Deed of Trust, regardless of the presence of any units or wxxxx not described herein.Banks [date]