Common use of Conveyance and Grant of Lien Clause in Contracts

Conveyance and Grant of Lien. In consideration of the advances or extensions by the Credit Parties to Mortgagor of the funds or credit constituting the Obligations (including the making of the Advances and the issuing of the Letters of Credit), and in further consideration of the mutual covenants contained herein, Mortgagor, by this Mortgage does hereby GRANT, MORTGAGE, WARRANT, CONVEY, SELL, TRANSFER, AND ASSIGN with a general warranty of title, for the uses, purposes and conditions hereinafter set forth all of its right, title and interest in and to the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto Mortgagee, its successors and assigns, with power of sale, to secure the payment and performance of the Obligations for the benefit of Mortgagee and the ratable benefit of the Credit Parties. TO HAVE AND TO HOLD the Realty Collateral, the Personalty Collateral and Fixture Collateral unto the Mortgagee and its successors and assigns forever for the benefit of the Credit Parties, together with all and singular the rights, hereditaments and appurtenances thereto in anywise appertaining or belonging, to secure payment of the Obligations and the performance of the covenants of Mortgagor contained in this Mortgage. Mortgagor does hereby bind itself, its successors and permitted assigns, to warrant and forever defend all and singular the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto the Mortgagee and its successors and assigns, against every Person whomsoever lawfully claiming or to claim the same, or any part thereof. Subject, however, to the condition that none of the Mortgagee or the Credit Parties shall be liable in any respect for the performance of any covenant or obligation of the Mortgagor in respect of the Collateral. Any reference in Exhibit A to the name of a well shall not be construed to limit the Collateral to the well bore of such well or in the pro rata units. It is Mortgagor’s intention that this instrument cover Mortgagor’s entire interest in the lands, leases, units and other interests set forth in Exhibit A.

Conveyance and Grant of Lien. In consideration of the advances advance or extensions extension by the Credit Secured Parties to the Mortgagor of the funds or credit constituting the Obligations (including the making of the Advances and the issuing of the Letters of Credit), and in further consideration of the mutual covenants contained herein, Mortgagor, by this Mortgage does Deed of Trust hereby GRANTGRANTS, MORTGAGECONVEYS, WARRANTSELLS, CONVEYTRANSFERS, SELLASSIGNS AND CONVEYS, TRANSFER, AND ASSIGN with a general warranty of titlesubject to Permitted Liens, for the uses, purposes and conditions hereinafter set forth all of its right, title and interest in and to the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto MortgageeTrustee, its and to his successor or successors and assignsor substitutes in trust, with power of saleWITH POWER OF SALE, in trust to secure the payment and performance of the Obligations for the benefit of Mortgagee and the ratable benefit of the Credit Secured Parties. TO HAVE AND TO HOLD the Realty Collateral, the Personalty Collateral and Fixture Collateral unto the Mortgagee Trustee and its his successors or substitutes in trust and to his and their successors and assigns forever for the benefit of the Credit Secured Parties, together with all and singular the rights, hereditaments and appurtenances thereto in anywise appertaining or belonging, to secure payment of the Obligations and the performance of the covenants of Mortgagor contained in this Mortgage. Mortgagor does hereby bind itself, its successors and permitted assigns, to warrant and forever defend all and singular the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto the Mortgagee and its successors and assigns, against every Person whomsoever lawfully claiming or to claim the same, or any part thereofDeed of Trust. Subject, however, to the condition that none of the Mortgagee or the Credit other Secured Parties shall be liable in any respect for the performance of any covenant or obligation of the Mortgagor in respect of the Collateral. Any reference in Exhibit A to the name of a well shall not be construed to limit the Collateral to the well bore of such well or in the pro rata proration units. It is Mortgagor’s intention that this instrument cover covers Mortgagor’s entire interest in the lands, leases, units and other interests set forth in Exhibit A.A. Notwithstanding any provision in this Mortgage to the contrary, in no event is any Building (as defined in the applicable Flood Insurance Regulation) or Manufactured (Mobile) Home (as defined in the applicable Flood Insurance Regulation) included in the definition of “Realty Collateral”, “Personalty Collateral” or “Fixture Collateral” and no Building or Manufactured (Mobile) Home is hereby encumbered by this Mortgage. As used herein, “Flood Insurance Regulations” shall mean (a) the National Flood Insurance Act of 1968 as now or hereafter in effect or any successor statute thereto, (b) the Flood Disaster Protection Act of 1973 as now or hereafter in effect or any successor statue thereto, (c) the National Flood Insurance Reform Act of 1994 (amending 42 USC 4001, et seq.), as the same may be amended or recodified from time to time, and (d) the Flood Insurance Reform Act of 2004 and any regulations promulgated thereunder.1

Conveyance and Grant of Lien. In consideration of the advances advance or extensions extension by the Credit Secured Parties to the Mortgagor of the funds or credit constituting the Obligations (including the making of the Advances and the issuing of the Letters of Credit), and in further consideration of the mutual covenants contained herein, Mortgagor, by this Mortgage does Deed of Trust hereby GRANTGRANTS, MORTGAGECONVEYS, WARRANTSELLS, CONVEYTRANSFERS, SELL, TRANSFER, ASSIGNS AND ASSIGN CONVEYS with a general warranty of title, subject to Permitted Liens, for the uses, purposes and conditions hereinafter set forth all of its right, title and interest in and to the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto MortgageeTrustee, its and to his successor or successors and assignsor substitutes in trust, with power of saleWITH POWER OF SALE, in trust to secure the payment and performance of the Obligations for the benefit of Mortgagee and the ratable benefit of the Credit Secured Parties. TO HAVE AND TO HOLD the Realty Collateral, the Personalty Collateral and Fixture Collateral unto the Mortgagee Trustee and its his successors or substitutes in trust and to his and their successors and assigns forever for the benefit of the Credit Secured Parties, together with all and singular the rights, hereditaments and appurtenances thereto in anywise appertaining or belonging, to secure payment of the Obligations and the performance of the covenants of Mortgagor contained in this MortgageDeed of Trust. Subject to Permitted Liens, Mortgagor does hereby bind itself, its successors and permitted assigns, to warrant and forever defend all and singular the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto the Mortgagee Trustee and its his successors or substitutes in trust, and their successors and assigns, against every Person whomsoever lawfully claiming or to claim the same, or any part thereofthereof (subject to Permitted Liens). Subject, however, to the condition that none of the Mortgagee or the Credit other Secured Parties shall be liable in any respect for the performance of any covenant or obligation of the Mortgagor in respect of the Collateral. Any reference in Exhibit A to the name of a well shall not be construed to limit the Collateral to the well bore of such well or in the pro rata proration units. It is Mortgagor’s intention that this instrument cover covers Mortgagor’s entire interest in the lands, leases, units and other interests set forth in Exhibit A.

Conveyance and Grant of Lien. In consideration of the advances or extensions by the Credit Parties to Mortgagor the Borrowers of the funds or credit constituting the Obligations (including the making of the Advances and the issuing of the Letters of Credit), and in further consideration of the mutual covenants contained herein, Mortgagor, by this Mortgage Deed of Trust hereby [REGRANTS, RECONVEYS, RESELLS, RETRANSFERS, REASSIGNS, and CONFIRMS with a general warranty of title, and to the extent not previously granted, conveyed, sold, transferred, assigned or confirmed, Mortgagor does hereby GRANT, MORTGAGE, WARRANT, CONVEY, SELL, TRANSFERTRANSFER and ASSIGN] [GRANTS, AND ASSIGN CONVEYS, SELLS, TRANSFERS, and ASSIGNS]3 with a general warranty of title, for the uses, purposes and conditions hereinafter set forth all of its right, title and interest in and to the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto MortgageeTrustee, its and to his successor or successors and assignsor substitutes IN TRUST, with power of saleWITH POWER OF SALE, in trust to secure the payment and performance of the Obligations for the benefit of Mortgagee and the ratable benefit of the Credit Parties. TO HAVE AND TO HOLD the Realty Collateral, the Personalty Collateral and Fixture Collateral unto the Mortgagee Trustee and its his successors or substitutes in trust and to his and their successors and assigns forever for the benefit of the Credit Parties, together with all and singular the rights, hereditaments and appurtenances thereto in anywise appertaining or belonging, to secure payment of the Obligations and the performance of the covenants of Mortgagor contained in this MortgageDeed of Trust. Mortgagor does hereby bind itself, its successors and permitted assigns, to warrant and forever defend all and singular the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto the Mortgagee Trustee and its his successors or substitutes in trust, and their successors and assigns, against every Person person whomsoever lawfully claiming or to claim the same, or any part thereof. Subject, however, to the condition that none of the Mortgagee or the Credit Parties shall be liable in any respect for the performance of any covenant or obligation of the Mortgagor in respect of the Collateral. Any reference in Exhibit A to the name of a well shall not be construed to limit the Collateral to the well bore of such well or in the pro rata units. It is Mortgagor’s intention that this instrument cover Mortgagor’s entire interest in the lands, leases, units and other interests set forth in Exhibit A..

Conveyance and Grant of Lien. In consideration of the advances or extensions by the Credit Parties to Mortgagor of the funds or credit constituting the Obligations (including the making of the Advances and the issuing of the Letters of Credit), and in further consideration of the mutual covenants contained herein, Mortgagor, by this Mortgage does Deed of Trust hereby GRANTGRANTS, MORTGAGECONVEYS, WARRANTSELLS, CONVEYTRANSFERS, SELL, TRANSFER, ASSIGNS AND ASSIGN CONVEYS with a general warranty of title, and WITH THE POWER OF SALE, for the uses, purposes and conditions hereinafter set forth all of its right, title and interest in and to the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto MortgageeTrustee, its and to his successor or successors and assignsor substitutes IN TRUST, with power of saleWITH POWER OF SALE, in trust to secure the payment and performance of the Obligations for the benefit of Mortgagee and the ratable benefit of the Credit Parties. TO HAVE AND TO HOLD the Realty Collateral, the Personalty Collateral and Fixture Collateral unto the Mortgagee Trustee and its his successors or substitutes in trust and to his and their successors and assigns forever for the benefit of the Credit Parties, together with all and singular the rights, hereditaments and appurtenances thereto in anywise appertaining or belonging, to secure payment of the Obligations and the performance of the covenants of Mortgagor contained in this MortgageDeed of Trust. Mortgagor does hereby bind itself, its successors and permitted assigns, to warrant and forever defend all and singular the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto the Mortgagee Trustee and its his successors or substitutes in trust, and their successors and assigns, against every Person person whomsoever lawfully claiming or to claim the same, or any part thereof. Subject, however, to the condition that none of the Mortgagee or the Credit Parties shall be liable in any respect for the performance of any covenant or obligation of the Mortgagor in respect of the Collateral. Any reference in Exhibit A to the name of a well shall not be construed to limit the Collateral to the well bore of such well or in the pro rata units. It is Mortgagor’s intention that this instrument cover Mortgagor’s entire interest in the lands, leases, units and other interests set forth in Exhibit A..

Conveyance and Grant of Lien. In consideration of the advances advances, issuances, or extensions by the Credit Parties to Mortgagor Borrower of the funds or credit constituting the Secured Obligations (including the making of the Advances and the issuing of the Letters of Credit), and in further consideration of the mutual covenants contained herein, Mortgagor, by this Mortgage does Deed of Trust hereby GRANTGRANTS, MORTGAGESELLS, WARRANTTRANSFERS, CONVEY, SELL, TRANSFER, ASSIGNS AND ASSIGN CONVEYS with a general warranty of title, and WITH THE POWER OF SALE, for the uses, purposes and conditions hereinafter set forth forth, all of its right, title and interest in and to the Realty CollateralMortgaged Property unto Trustee, the Personalty Collateral and the Fixture Collateral unto Mortgageeto his successor or successors or substitutes IN TRUST, its successors and assigns, with power of saleWITH POWER OF SALE, to secure the payment and performance of the Secured Obligations for the benefit of Mortgagee and the ratable benefit of the Credit Parties. TO HAVE AND TO HOLD the Realty Collateral, the Personalty Collateral and Fixture Collateral Mortgaged Property unto the Mortgagee Trustee and its his successors or substitutes in trust and to his and their successors and assigns forever for the benefit of the Credit Parties, together with all and singular the rights, hereditaments and appurtenances thereto in anywise appertaining or belonging, to secure payment of the Secured Obligations and the performance of the covenants of Mortgagor contained in this MortgageDeed of Trust. Mortgagor does hereby bind itself, its successors and permitted assigns, to warrant and forever defend all and singular the Realty Collateral, the Personalty Collateral and the Fixture Collateral Mortgaged Property unto the Mortgagee Trustee and its his successors or substitutes in trust, and their successors and assigns, against every Person person whomsoever lawfully claiming or to claim the same, or any part thereof. Subject, howeverNotwithstanding anything to the contrary in the foregoing, to the condition that none extent applicable to any Lease, Servitude, or other portion of the Mortgagee or Mortgaged Property, the Credit Parties shall be liable in any respect for the performance conveyance and grant of any covenant or obligation of the Mortgagor in respect of the Collateral. Any reference in Exhibit A Liens and security interests under this Mortgage are subject to the name of a well Third Party Consent Limitation and shall not be construed deemed to limit the Collateral have been made with respect to the well bore applicable portion(s) of such well or in the pro rata units. It is Mortgagor’s intention that this instrument cover Mortgagor’s entire interest in Mortgaged Property (but no other portion of the landsMortgaged Property) until the receipt, leasesif at all, units and other interests set forth in Exhibit A.of the applicable third-party consent.

Conveyance and Grant of Lien. In consideration of the advances or extensions by the Credit Parties to Mortgagor Borrower of the funds or credit constituting the Obligations (including the making of the Advances and the issuing of the Letters of Credit), and in further consideration of the mutual covenants contained herein, Mortgagor, by this Mortgage does hereby GRANT, MORTGAGE, WARRANT, CONVEY, SELL, TRANSFER, (a) GRANT AND ASSIGN MORTGAGE to the Federal Collateral Mortgagee with a general warranty of title, for the uses, purposes and conditions hereinafter set forth forth, all of its right, title and interest in and to the Realty Federal Collateral, WITH POWER OF SALE and (b) GRANT AND MORTGAGE to the Personalty Non-Federal Collateral Mortgagee with a general warranty of title, for the uses, purposes and conditions hereinafter set forth, all of its right, title and interest in and to the Fixture Collateral unto MortgageeNon-Federal Collateral, its successors and assigns, with power of saleWITH POWER OF SALE, to secure the payment and performance of the Obligations for the benefit of the Mortgagee and the ratable benefit of the Credit Parties. Notwithstanding any provision in this Mortgage to the contrary, in no event are any Excluded Structures encumbered by this Mortgage. TO HAVE AND TO HOLD the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto the Mortgagee and its successors and assigns forever for the benefit of the Credit Parties, together with all and singular the rights, hereditaments and appurtenances thereto in anywise appertaining or belonging, to secure payment of the Obligations and the performance of the covenants of the Mortgagor contained in this Mortgage. The Mortgagor does hereby bind itself, its successors and permitted assigns, to warrant and forever defend all and singular the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto the Mortgagee and its successors and assigns, against every Person whomsoever lawfully claiming or to claim the same, or any part thereof. Subject; provided, however, to the condition that none of the Mortgagee or the Credit Parties shall be liable in any respect for the performance of any covenant or obligation of the Mortgagor in respect of the Collateral. Any reference in Exhibit A to the name of a well shall not be construed to limit the Collateral to the well bore of such well or in the pro rata units. It is the Mortgagor’s 's intention that this instrument Mortgage cover the Mortgagor’s 's entire interest in the lands, leases, units and other interests set forth in Exhibit A.

Conveyance and Grant of Lien. In consideration of the advances or extensions by the Credit Parties to Mortgagor Borrower of the funds or credit constituting the Obligations (including the making of the Advances and the issuing of the Letters of Credit), and in further consideration of the mutual covenants contained herein, Mortgagor, by this Mortgage does hereby GRANTGRANTS, MORTGAGECONVEYS, WARRANTSELLS, CONVEY, SELL, TRANSFERTRANSFERS, AND ASSIGN ASSIGNS with a general warranty of title, for the uses, purposes and conditions hereinafter set forth all of its right, title and interest in and to the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto Mortgagee, its and to his successor or successors and assignsor substitutes, with power of saleWITH POWER OF SALE, to secure the payment and performance of the Obligations for the benefit of Mortgagee and the ratable benefit of the Credit Parties. Notwithstanding any provision in this Mortgage to the contrary, in no event are any Excluded Structures encumbered by this Mortgage. Mortgagor further grants to Mortgagee, its successors and assigns, the right and power to foreclose this Mortgage under the Oklahoma Power of Sale Mortgage Foreclosure Act, 46. O.S. § 40 et seq. (the "Oklahoma Act"). TO HAVE AND TO HOLD the Realty Collateral, the Personalty Collateral and Fixture Collateral unto the Mortgagee and to its successors and assigns forever for the benefit of the Credit Parties, together with all and singular the rights, hereditaments and appurtenances thereto in anywise appertaining or belonging, to secure payment of the Obligations and the performance of the covenants of Mortgagor contained in this Mortgage. Mortgagor does hereby bind itself, its successors and permitted assigns, to warrant and forever defend all and singular the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto the Mortgagee and its his successors and assigns, against every Person whomsoever lawfully claiming or to claim the same, or any part thereof. Subject; provided, however, to the condition that none of the Mortgagee or the Credit Parties shall be liable in any respect for the performance of any covenant or obligation of the Mortgagor in respect of the Collateral. Any reference in Exhibit A to the name of a well shall not be construed to limit the Collateral to the well bore of such well or in the pro rata units. It is Mortgagor’s 's intention that this instrument cover Mortgagor’s 's entire interest in the lands, leases, units and other interests set forth in Exhibit A.

Conveyance and Grant of Lien. In consideration of the advances advances, issuances, or extensions by the Credit Parties to Mortgagor Borrower of the funds or credit constituting the Secured Obligations (including the making of the Advances and the issuing of the Letters of Credit), and in further consideration of the mutual covenants contained herein, Mortgagor, by this Mortgage does Deed of Trust hereby GRANTGRANTS, MORTGAGESELLS, WARRANTTRANSFERS, CONVEY, SELL, TRANSFER, ASSIGNS AND ASSIGN CONVEYS with a general warranty of title, and WITH THE POWER OF SALE, for the uses, purposes and conditions hereinafter set forth forth, all of its right, title and interest in and to the Realty CollateralMortgaged Property unto Trustee, the Personalty Collateral and the Fixture Collateral unto Mortgageeto his successor or successors or substitutes IN TRUST, its successors and assigns, with power of saleWITH POWER OF SALE, to secure the payment and performance of the Secured Obligations for the benefit of Mortgagee and the ratable benefit of the Credit Parties. TO HAVE AND TO HOLD the Realty Collateral, the Personalty Collateral and Fixture Collateral Mortgaged Property unto the Mortgagee Trustee and its his successors or substitutes in trust and to his and their successors and assigns forever for the benefit of the Credit Parties, together with all and singular the rights, hereditaments and appurtenances thereto in anywise appertaining or belonging, to secure payment of the Secured Obligations and the performance of the covenants of Mortgagor contained in this MortgageDeed of Trust. Mortgagor does hereby bind itself, its successors and permitted assigns, to warrant and forever defend all and singular the Realty Collateral, the Personalty Collateral and the Fixture Collateral Mortgaged Property unto the Mortgagee Trustee and its his successors or substitutes in trust, and their successors and assigns, against every Person person whomsoever lawfully claiming or to claim the same, or any part thereof. Subject, howeverNotwithstanding anything to the contrary in the foregoing, to the condition that none extent applicable to any Lease, Servitude, or other portion of the Mortgagee or Mortgaged Property, the Credit Parties shall be liable in any respect for the performance conveyance and grant of any covenant or obligation Liens and security interests under this Deed of the Mortgagor in respect of the Collateral. Any reference in Exhibit A Trust are subject to the name of a well Third Party Consent Limitation and shall not be construed deemed to limit the Collateral have been made with respect to the well bore applicable portion(s) of such well or in the pro rata units. It is Mortgagor’s intention that this instrument cover Mortgagor’s entire interest in Mortgaged Property (but no other portion of the landsMortgaged Property) until the receipt, leasesif at all, units and other interests set forth in Exhibit A.of the applicable third-party consent.

Conveyance and Grant of Lien. In consideration of the advances advance or extensions extension by the Credit Secured Parties to the Mortgagor of the funds or credit constituting the Obligations (including the making of the Advances and the issuing of the Letters of Credit), and in further consideration of the mutual covenants contained herein, Mortgagor, by this Mortgage does Deed of Trust hereby GRANTGRANTS, MORTGAGECONVEYS, WARRANTSELLS, CONVEYTRANSFERS, SELL, TRANSFER, ASSIGNS AND ASSIGN CONVEYS with a general warranty of title, subject to Permitted Liens, for the uses, purposes and conditions hereinafter set forth all of its right, title and interest in and to the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto MortgageeTrustee, its and to his successor or successors and assignsor substitutes in trust, with power of saleWITH POWER OF SALE, in trust to secure the payment and performance of the Obligations for the benefit of Mortgagee and the ratable benefit of the Credit Secured Parties. TO HAVE AND TO HOLD the Realty Collateral, the Personalty Collateral and Fixture Collateral unto the Mortgagee Trustee and its his successors or substitutes in trust and to his and their successors and assigns forever for the benefit of the Credit Secured Parties, together with all and singular the rights, hereditaments and appurtenances thereto in anywise appertaining or belonging, to secure payment of the Obligations and the performance of the covenants of Mortgagor contained in this MortgageDeed of Trust. Subject to Permitted Liens, Mortgagor does hereby bind itself, its successors and permitted assigns, to warrant and forever defend all and singular the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto the Mortgagee Trustee and its his successors or substitutes in trust, and their successors and assigns, against every Person whomsoever lawfully claiming or to claim the same, or any part thereofthereof (subject to Permitted Liens). Subject, however, to the condition that none of the Mortgagee or the Credit other Secured Parties shall be liable in any respect for the performance of any covenant or obligation of the Mortgagor in respect of the Collateral. Any reference in Exhibit A to the name of a well shall not be construed to limit the Collateral to the well bore of such well or in the pro rata proration units. It is Mortgagor’s intention that this instrument cover covers Mortgagor’s entire interest in the lands, leases, units and other interests set forth in Exhibit A.A. Notwithstanding any provision in this Mortgage to the contrary, in no event is any Building (as defined in the applicable Flood Insurance Regulation) or Manufactured (Mobile) Home (as defined in the applicable Flood Insurance Regulation) included in the definition of “Realty Collateral”, “Personalty Collateral” or “Fixture Collateral” and no Building or Manufactured (Mobile) Home is hereby encumbered by this Mortgage. As used herein, “Flood Insurance Regulations” shall mean (a) the National Flood Insurance Act of 1968 as now or hereafter in effect or any successor statute thereto, (b) the Flood Disaster Protection Act of 1973 as now or hereafter in effect or any successor statue thereto, (c) the National Flood Insurance Reform Act of 1994 (amending 42 USC 4001, et seq.), as the same may be amended or recodified from time to time, and (d) the Flood Insurance Reform Act of 2004 and any regulations promulgated thereunder.

Conveyance and Grant of Lien. In consideration of the advances or extensions by the Credit Parties to Mortgagor of the funds or credit constituting the Obligations (including the making of the Advances and the issuing of the Letters of Credit)Obligations, and in further consideration of the mutual covenants contained herein, Mortgagor, by this Mortgage does hereby GRANT, MORTGAGE, WARRANT, CONVEY, SELL, TRANSFER, AND ASSIGN with a general warranty of title, for the uses, purposes and conditions hereinafter set forth all of its right, title and interest in and to the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto Mortgagee, its successors and assigns, with power of sale, to secure the payment and performance of the Obligations for the benefit of Mortgagee and the ratable benefit of the Credit Parties. TO HAVE AND TO HOLD the Realty Collateral, the Personalty Collateral and Fixture Collateral unto the Mortgagee and its successors and assigns forever for the benefit of the Credit Parties, together with all and singular the rights, hereditaments and appurtenances thereto in anywise appertaining or belonging, to secure payment of the Obligations and the performance of the covenants of Mortgagor contained in this Mortgage. Mortgagor does hereby bind itself, its successors and permitted assigns, to warrant and forever defend all and singular the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto the Mortgagee and its successors and assigns, against every Person whomsoever lawfully claiming or to claim the same, or any part thereof. Subject, however, to the condition that none of the Mortgagee or the Credit Parties shall be liable in any respect for the performance of any covenant or obligation of the Mortgagor in respect of the Collateral. Any reference in Exhibit A to the name of a well shall not be construed to limit the Collateral to the well bore of such well or in the pro rata units. It is Mortgagor’s intention that this instrument cover Mortgagor’s entire interest in the lands, leases, units and other interests set forth in Exhibit A.

Conveyance and Grant of Lien. In consideration of the advances or extensions by the Credit Parties Beneficiaries to Mortgagor the Borrower of the funds or credit constituting the Obligations (including the making of the Advances and the issuing of the Letters of Credit), and in further consideration of the mutual covenants contained herein, Mortgagor, by this Mortgage Deed of Trust hereby REGRANTS, RECONVEYS, RESELLS, RETRANSFERS, REASSIGNS AND CONFIRMS with a general warranty of title and, to the extent not previously granted, conveyed, sold, transferred, assigned or confirmed under the Existing Deed of Trust, Mortgagor does hereby GRANT, MORTGAGE, WARRANT, CONVEY, SELL, TRANSFER, ASSIGN AND ASSIGN CONVEY with a general warranty of title, for the uses, purposes and conditions hereinafter set forth all of its right, title and interest in and to the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto MortgageeTrustee, its and to his successor or successors and assignsor substitutes IN TRUST, with power of saleWITH POWER OF SALE, to secure the payment and performance of the Obligations for the benefit of Mortgagee and the ratable benefit on behalf of the Credit PartiesBeneficiaries. TO HAVE AND TO HOLD the Realty Collateral, the Personalty Collateral and Fixture Collateral unto the Mortgagee Trustee and its his successors or substitutes in trust and to his and their successors and assigns forever for the benefit of the Credit PartiesMortgagee on behalf of the Beneficiaries, together with all and singular the rights, hereditaments and appurtenances thereto in anywise appertaining or belonging, to secure payment of the Obligations and the performance of the covenants of Mortgagor contained in this MortgageDeed of Trust. Mortgagor does hereby bind itself, its successors and permitted assigns, to warrant and forever defend all and singular the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto the Mortgagee Trustee and its his successors or substitutes in trust, and their successors and assigns, against every Person whomsoever lawfully claiming or to claim the same, or any part thereof. Subject, however, to the condition that none of the Mortgagee or nor the Credit Parties other Beneficiaries shall be liable in any respect for the performance of any covenant or obligation of the Mortgagor in respect of the Collateral. Any reference in Exhibit A to the name of a well shall not be construed to limit the Collateral to the well bore of such well or in the pro rata proration units. It is Mortgagor’s intention that this instrument cover Mortgagor’s entire right, title and interest in the lands, leases, units and other interests set forth in Exhibit A.

Conveyance and Grant of Lien. In consideration of the advances or extensions by the Credit Parties to Mortgagor Borrower of the funds or credit constituting the Obligations (including the making of the Advances and the issuing of the Letters of Credit), and in further consideration of the mutual covenants contained herein, Mortgagor, by this Mortgage Deed of Trust does hereby GRANT, MORTGAGE, WARRANT, CONVEY, SELL, TRANSFER, ASSIGN AND ASSIGN CONVEY with a general warranty of title, for the uses, purposes and conditions hereinafter set forth all of its right, title and interest in and to the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto MortgageeTrustee, its and to Trustee's successor or successors and assignsor substitutes IN TRUST, with power of saleWITH POWER OF SALE, to secure the payment and performance of the Notes payable in full on or before the Maturity Date in addition to the other Obligations for the benefit of Mortgagee and the ratable benefit of the Credit Parties. Notwithstanding any provision in this Deed of Trust to the contrary, in no event are any Excluded Structures encumbered by this Deed of Trust. TO HAVE AND TO HOLD the Realty Collateral, the Personalty Collateral and Fixture Collateral unto the Mortgagee Trustee and its Trustee's successors or substitutes in trust and to Trustee's and their successors and assigns forever for the benefit of the Mortgagee on behalf of the Credit Parties, together with all and singular the rights, hereditaments and appurtenances thereto in anywise appertaining or belonging, to secure payment of the Obligations and the performance of the covenants of Mortgagor contained in this MortgageDeed of Trust. Mortgagor does hereby bind itself, its successors and permitted assigns, to warrant and forever defend all and singular the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto the Mortgagee Trustee and its Trustee's successors or substitutes in trust, and their successors and assigns, against every Person whomsoever lawfully claiming or to claim the same, or any part thereof. Subject; provided, however, to the condition that none of the Mortgagee or the Credit Parties shall be liable in any respect for the performance of any covenant or obligation of the Mortgagor in respect of the Collateral. Any reference in Exhibit A to the name of a well shall not be construed to limit the Collateral to the well bore of such well or in the pro rata units. It is Mortgagor’s 's intention that this instrument cover Mortgagor’s 's entire interest in the lands, leases, units and other interests set forth in Exhibit A.

Conveyance and Grant of Lien. In consideration of the advances or extensions by the Credit Parties to Mortgagor Borrower of the funds or credit constituting the Obligations (including the making of the Advances and the issuing of the Letters of Credit), and in further consideration of the mutual covenants contained herein, Mortgagor, by this Mortgage does hereby (a) GRANT, MORTGAGE, WARRANT, CONVEY, SELL, TRANSFER, AND ASSIGN to the Federal Collateral Mortgagee, and to its successor or successors or substitutes, with a general warranty of title, for the uses, purposes and conditions hereinafter set forth forth, all of its right, title and interest in and to the Realty Federal Collateral, WITH POWER OF SALE and (b) GRANT, CONVEY, SELL, TRANSFER, AND ASSIGN to the Personalty Non-Federal Collateral and the Fixture Collateral unto Mortgagee, and to its successor or successors and assignsor substitutes, with power a general warranty of saletitle, for the uses, purposes and conditions hereinafter set forth, all of its right, title and interest in and to the Non-Federal Collateral, WITH POWER OF SALE, to secure the payment and performance of the Obligations for the benefit of the Mortgagee and the ratable benefit of the Credit Parties. Notwithstanding any provision in this Mortgage to the contrary, in no event are any Excluded Structures encumbered by this Mortgage. TO HAVE AND TO HOLD the Realty Collateral, the Personalty Collateral and Fixture Collateral unto the Mortgagee and to its successors and assigns forever for the benefit of the Credit Parties, together with all and singular the rights, hereditaments and appurtenances thereto in anywise appertaining or belonging, to secure payment of the Obligations and the performance of the covenants of Mortgagor contained in this Mortgage. Mortgagor does hereby bind itself, its successors and permitted assigns, to warrant and forever defend all and singular the Realty Collateral, the Personalty Collateral and the Fixture Collateral unto the Mortgagee and its his successors and assigns, against every Person whomsoever lawfully claiming or to claim the same, or any part thereof. Subject; provided, however, to the condition that none of the Mortgagee or the Credit Parties shall be liable in any respect for the performance of any covenant or obligation of the Mortgagor in respect of the Collateral. Any reference in Exhibit A to the name of a well shall not be construed to limit the Collateral to the well bore of such well or in the pro rata units. It is Mortgagor’s 's intention that this instrument cover Mortgagor’s 's entire interest in the lands, leases, units and other interests set forth in Exhibit A.