Common use of FOR AND IN CONSIDERATION Clause in Contracts

FOR AND IN CONSIDERATION. OF THE INDEBTEDNESS AND TRUSTS HEREINAFTER SET FORTH AND OF THE SUM OF TEN DOLLARS ($10.00), CASH IN HAND PAID, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED: Grantor grants, bargains, sells, transfers, conveys and assigns the following described real property and related collateral to Trustee, in trust, with power of sale, to have and to hold the same unto Trustee and its successors in interest for and on behalf of Secured Party upon the trusts, covenants and agreements set forth in the Existing Deed of Trust, as amended hereby: DESCRIPTION OF COLLATERAL All right, title and interest of Grantor which is now owned, or hereafter acquired, in or to that certain real property situate in Grant and Clay Districts, Xxxxxxx County, West Virginia, that is more particularly described on that certain exhibit marked "Exhibit A", affixed hereto and by this reference incorporated herein and made a part hereof (the "Land"), together with and including, without limitation: (a) all right, title and interest of Grantor whether now owned or hereafter acquired, in or to any real property lying within the right of way of any street, open or proposed, which adjoins any of said Land and any and all sidewalks, bridges, elevated walkways, tunnels, alleys, strips and gores of real property adjacent to, connecting or used in connection with any of said Land (collectively, the "Adjacent Property"); (b) all buildings, structures and all other improvements and fixtures that are, or that may be hereafter erected or placed on, or in, the Land and all right, title and interest of Grantor which is now owned or hereafter acquired, in or to, all buildings, structures and all other improvements and fixtures that are, or that may be hereafter, erected or placed on, or in, any of the Adjacent Property (collectively, the "Improvements"); (c) all water rights and conditional water rights that are now, or may hereafter be, appurtenant to, used in connection with or intended for use in connection with the Land, the Adjacent Property and/or the Improvements, including, without limitation: (i) ditch, well, pipeline, spring and reservoir rights, whether or not adjudicated or evidenced by any well or other permit; (ii) all rights with respect to groundwater underlying the Land or the Adjacent Property; and (iii) any permit to construct any water well, water from which is intended to be used in connection with the Land or the Adjacent Property (collectively, the "Water Rights", and together with the Land, the Adjacent Property and the Improvements, the "Real Estate"); (d) all present and future interest of Grantor as lessor, sublessor, licensor, concessionor, franchisor, grantor, or similar party to any lease, sublease, license, concession, franchise and other use or occupancy agreement now or hereafter relating to any of the Real Estate and all renewals, extensions, amendments, restatements and other modifications thereof (collectively, the "Occupancy Agreements"); (e) all present and future rents, issues, products, earnings, revenues, payments, profits, royalties and other proceeds and income of the Real Estate, and of any activities conducted thereon or in connection therewith, subject specifically to the prior rights of the West Virginia Lottery Commission in accordance with West Virginia Code Section 29-22A-10(b), regardless of whether such proceeds or income accrue by virtue of the Occupancy Agreements, or otherwise (collectively, the "Rents"), subject, however, to the absolute assignment given to Secured Party in Section 9 of the Existing Deed of Trust, as amended hereby, entitled Assignment of Rents, and to which Section this grant to the Trustee is subject and subordinate; (f) all and singular the tenements, easements, hereditaments and appurtenances now, or hereafter, belonging to or in any wise appertaining to the Real Estate and/or the Rents and the reversion and reversions, remainder and remainders thereof and all the estate, right, title, interest or other claim which Grantor now has or hereafter may acquire of, in and to the Real Estate, the Occupancy Agreements, the Rents and/or any part thereof, with the appurtenances thereto (collectively, the "Other Interests"); and (g) all right, title and interest of Grantor, whether now owned, or hereafter acquired, in or to, the Personal Property which is referred to by the Existing Deed of Trust. The Real Estate, the Occupancy Agreements, the Rents and the Other Interests are hereinafter collectively referred to as the "Real Property". The foregoing grant of the Real Property is the same grant which was made by the Original Deed of Trust and is repeated herein for the purpose of facilitating the Deed of Trust Modifications.

FOR AND IN CONSIDERATION. OF THE INDEBTEDNESS AND TRUSTS HEREINAFTER SET FORTH AND OF THE SUM OF TEN DOLLARS (of the sum of $10.00)10.00 and other good and valuable consideration in hand paid by Lender, CASH IN HAND PAIDat and before the sealing and delivery of these presents, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED: Grantor grantsthe receipt and sufficiency whereof are hereby acknowledged, bargainsBorrower has granted, sellsbargained, transferssold mortgaged and conveyed and by these presents does hereby grant, conveys bargain, sell, mortgage and assigns the following described real property and related collateral to Trustee, in trust, with power of sale, to have and to hold the same convey over unto Trustee and its successors in interest for and on behalf of Secured Party upon the trusts, covenants and agreements set forth in the Existing Deed of Trust, as amended hereby: DESCRIPTION OF COLLATERAL All Lender all right, title and interest of Grantor which is now ownedBorrower in and to the following described property (collectively, the "Premises"): (i) all those certain tracts, pieces or hereafter acquired, parcels of land owned by Borrower located in or to that certain real property situate in Grant and Clay Districts, Xxxxxxx Wakulla County, West VirginiaFlorida, that is more particularly described on that certain exhibit marked "Exhibit A", affixed A hereto and by this reference incorporated herein and made a part hereof (the "LandReal Property"), together with and including, without limitation:; [Company to provide legal Description of the Refinery] (aii) all righteasements, title rights-of-way, strips and interest gores of Grantor land, streets, ways, alleys, passages, sewer rights, water rights, minerals, crops, timber and other emblements now or hereafter located on the Real Property or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, tenements, hereditaments and appurtenances, reversions and remainders whatsoever, in any way belonging, relating or appertaining to the Real Property or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquiredacquired by Borrower; (iii) all monies and proceeds from the Real Property including without limitation from leases, in or to any real property lying within the right of way of any streettenant contracts, open or proposed, which adjoins any of said Land rental agreements and any and all sidewalks, bridges, elevated walkways, tunnels, alleys, strips and gores of real property adjacent to, connecting or used in connection with any of said Land contracts (collectively, the "Adjacent PropertyLeases"); (b) , licenses, permits, rents, issues or profits including but not limited to all buildingsrents, structures refunds, rebates, tenant reimbursements, condemnation awards and all proceeds of the sale of, insurance on or other improvements and fixtures that are, or that may be hereafter erected or placed on, or in, the Land and all right, title and interest of Grantor which is now owned or hereafter acquired, borrowings secured in or to, all buildings, structures and all other improvements and fixtures that are, or that may be hereafter, erected or placed on, or in, whole by any of the Adjacent Real Property or such leases, tenant contracts, rental agreements, contracts, licenses, permits, rents issues or profits; reserving only the right to Borrower (collectively, except as otherwise provided herein) to collect the "Improvements");same so long as there is no Default (as hereinafter defined) which shall have occurred and be continuing; and (civ) all water rights claims and conditional water rights that are now, causes of action arising from or may hereafter be, appurtenant to, used in connection with or intended for use in connection with the Land, the Adjacent Property and/or the Improvements, including, without limitation: (i) ditch, well, pipeline, spring and reservoir rights, whether or not adjudicated or evidenced by any well or other permit; (ii) all rights with respect to groundwater underlying the Land or the Adjacent Property; and (iii) any permit to construct any water well, water from which is intended to be used in connection with the Land or the Adjacent Property (collectively, the "Water Rights", and together with the Land, the Adjacent Property and the Improvements, the "Real Estate"); (d) all present and future interest of Grantor as lessor, sublessor, licensor, concessionor, franchisor, grantor, or similar party to any lease, sublease, license, concession, franchise and other use or occupancy agreement now or hereafter relating otherwise related to any of the Real Estate foregoing, and all renewals, extensions, amendments, restatements rights and other modifications thereof (collectively, the "Occupancy Agreements"); (e) all present and future rents, issues, products, earnings, revenues, payments, profits, royalties and other proceeds and income judgments related to any legal actions in connection with such claims or causes of the Real Estateaction, and all cash (or evidences of any activities conducted thereon cash or in connection therewith, subject specifically of rights to the prior rights of the West Virginia Lottery Commission in accordance with West Virginia Code Section 29-22A-10(b), regardless of whether such proceeds or income accrue by virtue of the Occupancy Agreements, or otherwise (collectively, the "Rents"), subject, however, to the absolute assignment given to Secured Party in Section 9 of the Existing Deed of Trust, as amended hereby, entitled Assignment of Rents, and to which Section this grant to the Trustee is subject and subordinate; (fcash) all and singular the tenements, easements, hereditaments and appurtenances now, or hereafter, belonging to or in any wise appertaining to the Real Estate and/or the Rents and the reversion and reversions, remainder and remainders thereof and all the estate, right, title, interest or other claim which Grantor now has property or hereafter may acquire of, in and rights thereto relating to the Real Estate, the Occupancy Agreements, the Rents and/or any part thereof, with the appurtenances thereto (collectively, the "Other Interests"); and (g) all right, title and interest such claims or causes of Grantor, whether now owned, or hereafter acquired, in or to, the Personal Property which is referred to by the Existing Deed of Trust. The Real Estate, the Occupancy Agreements, the Rents and the Other Interests are hereinafter collectively referred to as the "Real Property". The foregoing grant of the Real Property is the same grant which was made by the Original Deed of Trust and is repeated herein for the purpose of facilitating the Deed of Trust Modificationsaction.

FOR AND IN CONSIDERATION. OF THE INDEBTEDNESS AND TRUSTS HEREINAFTER SET FORTH AND OF THE SUM OF TEN DOLLARS of the sum of $10.00 and other valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, and in order to secure the full and prompt payment when due and performance of the Secured Obligations ($10.00as hereinafter defined), CASH IN HAND PAIDthe Mortgagor does hereby grant, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED: Grantor grantsbargain, bargainssell, sells, transfers, conveys assign and assigns the following described real property and related collateral to Trustee, in trust, with power of sale, to have and to hold the same convey over unto Trustee and its successors in interest for and on behalf of Secured Party upon the trusts, covenants and agreements set forth in the Existing Deed of Trust, as amended hereby: DESCRIPTION OF COLLATERAL All CoBank all right, title and interest of Grantor which is now ownedthe Mortgagor in and to the following described property (collectively, the "PREMISES"): (a) all those certain tracts, pieces or hereafter acquiredparcels of land (and any easements, rights of way or other rights or interests in or to that certain real property situate land) leased by the Mortgagor located in Grant the Counties of Pickens, Sumter, Greexx, Xxoctaw, Fayette, Marengo and Clay DistrictsLamax, Xxxxxxx CountyXxabama, West Virginiaincluding, that is more particularly without limitation, those parcels described on that certain exhibit marked "Exhibit A", affixed EXHIBIT A hereto and by this reference incorporated herein and made a part hereof (the "LandREAL PROPERTY"), together with ) pursuant to the leases described on Exhibit B hereto and including, without limitation: (a) all right, title and interest of Grantor whether now owned or hereafter acquired, in or to any real property lying within the right of way of any street, open or proposed, which adjoins any of said Land and any and all sidewalks, bridges, elevated walkways, tunnels, alleys, strips and gores of real property adjacent to, connecting or used in connection with any of said Land made a part hereof (collectively, the "Adjacent PropertyLEASEHOLD LEASES"); (b) all buildings, structures and all other improvements and fixtures that are, of every nature whatsoever now or that may be hereafter erected or placed situated on, under or in, above the Land Real Property and all right, title and interest of Grantor which is fixtures now owned or hereafter acquired, in or toattached thereto and equipment located thereon (excluding motor vehicles for which ownership is required by law to be evidenced by certificates of title), all buildingstelecommunications and radio transmitting and receiving equipment, structures antennaes, microwave communication equipment, machinery, satellite dishes, poles, posts, towers, cross-arms, conduits, ducts, lines (whether overhead or underground or otherwise), wires, cables, exchanges, switches, including, without limitation, host switches and remote switches, desks, testboards, frames, racks, motors, generators, batteries, central office equipment, pay stations, protectors, subscriber equipment, instruments, connectors, connections, appliances, and all other improvements and fixtures that arepersonal property located on the Real Property or otherwise used, useful or acquired for use in connection with the Mortgagor's business, including all accessions, replacements, or that may be hereafter, erected or placed on, or in, any of the Adjacent Property substitutions thereof (collectively, the "ImprovementsIMPROVEMENTS"); (c) all easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, water rights rights, minerals, crops, timber and conditional water rights that are nowother emblements now or hereafter located on the Real Property or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, tenements, hereditaments and appurtenances, reversions and remainders whatsoever, in any way belonging, relating or appertaining to the Real Property or any part thereof, or may which hereafter beshall in any way belong, relate or be appurtenant to, used in connection with or intended for use in connection with the Land, the Adjacent Property and/or the Improvements, including, without limitation: (i) ditch, well, pipeline, spring and reservoir rightsthereto, whether now owned or not adjudicated or evidenced hereafter acquired by any well or other permit; the Mortgagor (ii) all rights with respect to groundwater underlying the Land or the Adjacent Property; and (iii) any permit to construct any water well, water from which is intended to be used in connection with the Land or the Adjacent Property (collectively, the "Water RightsEASEMENTS AND APPURTENANCES", and ; together with the LandReal Property, the Adjacent Property Leasehold Leases and the Improvements, the "Real EstatePROPERTY"); (d) all present easements, rights, rights-of-way, satellite dishes, towers, equipment and future interest of Grantor as lessor, sublessor, licensor, concessionor, franchisor, grantor, or similar party to any lease, sublease, license, concession, franchise all other real and other use or occupancy agreement now or hereafter relating to any personal property comprising the utility system of the Real Estate and all renewals, extensions, amendments, restatements and other modifications thereof (collectively, the "Occupancy Agreements")Mortgagor; (e) all present right, title and future interest of the Mortgagor in any and all leases, rental agreements and arrangements of any sort now or hereafter affecting the Property or any portion thereof and providing for or resulting in the payment of money to the Mortgagor for the use of the Property or any portion thereof, whether the user enjoys the Property or any portion thereof as tenant for years, invitee, licensee, tenant at sufferance or otherwise, and irrespective of whether such leases, rental agreements and arrangements be oral or written, and including any and all extensions, renewals and modifications thereof (the "LEASES") and guaranties of the performance or Secured Obligations of any tenants or lessees thereunder (the "TENANTS"), together with all income, rents, issues, productsprofits and revenues from the Leases (including all tenant security deposits and all other tenant deposits, earnings, revenues, payments, profits, royalties and other proceeds and income of whether held by the Real EstateMortgagor or in a trust account, and of all other deposits and escrow funds relating to any activities conducted thereon or in connection therewith, subject specifically to the prior rights of the West Virginia Lottery Commission in accordance with West Virginia Code Section 29-22A-10(bLeases), regardless of whether such proceeds or income accrue by virtue of the Occupancy Agreements, or otherwise (collectively, the "Rents"), subject, however, to the absolute assignment given to Secured Party in Section 9 of the Existing Deed of Trust, as amended hereby, entitled Assignment of Rents, and to which Section this grant to the Trustee is subject and subordinate; (f) all and singular the tenements, easements, hereditaments and appurtenances now, or hereafter, belonging to or in any wise appertaining to the Real Estate and/or the Rents and the reversion and reversions, remainder and remainders thereof and all the estate, right, title, interest or other interest, property, possession, claim which Grantor now has or hereafter may acquire and demand whatsoever at law, as well as in equity, of the Mortgagor of, in and to the Real Estatesame; provided, however, that although this Mortgage contains (and it is hereby agreed that this Mortgage contains) a present, current, unconditional and absolute assignment of all of said income, rents, issues, profits and revenues, the Occupancy AgreementsMortgagor and CoBank have agreed that so long as there shall exist no Default (as hereinafter defined) the Mortgagor shall have a revocable license to collect routine rental payments and revenues which do not relate to periods more than one month after collection, it being agreed that CoBank shall be entitled at all times to possession of all other income, rents, issues, profits and revenues (including deposits), and it being further agreed that upon the Rents and/or any part thereof, with occurrence of a Default hereunder such license shall be automatically revoked without the appurtenances thereto (collectively, the "Other Interests"); andnecessity of further action by CoBank; (gf) all right, title and interest of Grantorthe Mortgagor in any and all awards, whether payments, proceeds and the right to receive the same, either before or after any foreclosure hereunder, as a result of any temporary or permanent injury or damage to, taking of or decrease in the value of the Property by reason of casualty, condemnation or otherwise; (g) all claims and causes of action arising from or otherwise related to any of the foregoing, and all rights and judgments related to any legal actions in connection with such claims or causes of action, and all cash (or evidences of cash or of rights to cash) or other property or rights thereto relating to such claims or causes of action; (h) all other real property of every kind, nature and description, and wheresoever located, now ownedowned or leased or hereafter acquired or leased by the Mortgagor; and (i) all extensions, additions, improvements, betterments, renewals and replacements, substitutions, or hereafter acquired, in or to, the Personal Property which is referred to by the Existing Deed proceeds of Trust. The Real Estate, the Occupancy Agreements, the Rents and the Other Interests are hereinafter collectively referred to as the "Real Property". The foregoing grant any of the Real Property is the same grant which was made by the Original Deed of Trust and is repeated herein for the purpose of facilitating the Deed of Trust Modificationsforegoing.