Common use of Further Assurances; After-Acquired Property Clause in Contracts

Further Assurances; After-Acquired Property. At any time, and from time to time, upon request by Lender, Mortgagor will make, execute and deliver or cause to be made, executed and delivered, to Lender and, where appropriate, cause to be recorded or re-recorded and/or filed or refiled at such time and from time to time, and in such offices and places as shall be deemed desirable by Lender, any and all such other and further mortgages, security agreements, financing statements, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of Lender, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligations of Mortgagor under the Loan Documents and this Mortgage, and (b) the lien of this Mortgage as a first and prior perfected lien upon all of the Premises, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this Mortgage. Upon any failure by Mortgagor so to do, Lender may make, execute, record, file, rerecord and/or re-file any and all such mortgages, security agreements, financing statements, continuation statements, instruments, certificates and documents for and in the name of Mortgagor, and Mortgagor hereby irrevocably appoints Lender the agent and attorney-in-fact of Mortgagor so to do. The lien hereof will automatically attach, without further act, to all after acquired property attached to and/or used in the operation of the Premises, the Land or any part thereof.

Further Assurances; After-Acquired Property. At any time, time and from time to time, upon request by LenderAgent, Mortgagor will make, execute and deliver or cause to be made, executed and delivered, to Lender Agent and, where appropriate, cause to be recorded or re-recorded and/or filed or and from time to time thereafter to be rerecorded and/or refiled at such time and from time to time, and in such offices and places as shall be deemed desirable by LenderAgent, any and all such other and further mortgages, security agreements, financing statements, notice filings, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of LenderAgent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligations obligation of Mortgagor under the Guaranty, this Instrument, the other Loan Documents and this Mortgage, the Hedge Documents and (b) the lien of this Mortgage Instrument as a first and prior perfected lien upon and security interest in and to all of the PremisesProperty, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageMortgagor. Upon any failure by Mortgagor so to do, Lender Agent may make, execute, record, file, rerecord and/or re-file record and/or refile any and all such mortgages, security agreements, financing statements, continuation statements, instruments, certificates certificates, and documents for and in the name of Mortgagor, Mortgagor and Mortgagor hereby irrevocably appoints Lender Agent the agent and attorney-in-fact of Mortgagor so to do. The lien hereof will automatically attach, without further act, to all after acquired property attached to and/or used in the operation of the Premises, the Land Property or any part thereof.

Further Assurances; After-Acquired Property. At any time, and from time to time, upon request by LenderCollateral Agent, Mortgagor Obligor will make, execute and deliver or cause to be made, executed and delivered, to Lender Collateral Agent and, where appropriate, cause to be recorded or re-recorded and/or filed or and from time to time thereafter to be rerecorded and/or refiled at such time and from time to time, and in such offices and places as shall be deemed desirable by LenderCollateral Agent, any and all such other and further mortgagesdeeds to secure debt, deeds of trust, security agreements, financing statements, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of LenderCollateral Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligations obligation of Mortgagor Obligor under the Loan Documents Note and under this Mortgage, Instrument and (b) the lien of this Mortgage Instrument as a first and prior perfected lien upon and security title in and to all of the PremisesProperty, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageObligor. Upon any failure by Mortgagor Obligor so to do, Lender Collateral Agent may make, execute, record, file, rerecord and/or re-file record and/or refile any and all such mortgagesdeeds to secure debt, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates certificates, and documents for and in the name of Mortgagor, Obligor and Mortgagor Obligor hereby irrevocably appoints Lender Collateral Agent the agent and attorney-in-fact of Mortgagor Obligor so to do. The lien hereof will automatically attach, without further act, to all after acquired property attached to and/or used in the operation of the Premises, the Land Property or any part thereof.

Further Assurances; After-Acquired Property. At any time, time and from time to time, upon request by LenderAgent, Mortgagor will make, execute and deliver or cause to be made, executed and delivered, to Lender Agent and, where appropriate, cause to be recorded or re-recorded and/or filed or and from time to time thereafter to be rerecorded and/or refiled at such time and from time to time, and in such offices and places as shall be deemed desirable by LenderAgent, any and all such other and further mortgages, deeds of trust, security agreements, financing statements, notice filings, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of LenderAgent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligations obligation of Mortgagor under the Guaranty, this Instrument, the other Loan Documents and this Mortgage, the Hedge Documents and (b) the lien of this Mortgage Instrument as a first and prior perfected lien upon and security interest in and to all of the PremisesProperty, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageMortgagor. Upon any failure by Mortgagor so to do, Lender Agent may make, execute, record, file, rerecord and/or re-file record and/or refile any and all such mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates certificates, and documents for and in the name of Mortgagor, Mortgagor and Mortgagor hereby irrevocably appoints Lender Agent the agent and attorney-in-fact of Mortgagor so to do. The lien hereof will automatically attach, without further act, to all after acquired property attached to and/or used in the operation of the Premises, the Land Property or any part thereof.

Further Assurances; After-Acquired Property. At any time, time and from time to time, upon request by LenderAgent, Mortgagor Grantor will make, execute and deliver or cause to be made, executed and delivered, to Lender Agent and, where appropriate, cause to be recorded or re-recorded and/or filed or and from time to time thereafter to be rerecorded and/or refiled at such time and from time to time, and in such offices and places as shall be deemed desirable by LenderAgent, any and all such other and further mortgages, deeds of trust, security agreements, financing statements, notice filings, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of LenderAgent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligations obligation of Mortgagor Grantor under the Guaranty, this Instrument, the other Loan Documents and this Mortgage, the Hedge Documents and (b) the lien of this Mortgage Instrument as a first and prior perfected lien upon and security interest in and to all of the PremisesProperty, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageGrantor. Upon any failure by Mortgagor Grantor so to do, Lender Agent may make, execute, record, file, rerecord and/or re-file record and/or refile any and all such mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates certificates, and documents for and in the name of Mortgagor, Grantor and Mortgagor Grantor hereby irrevocably appoints Lender Agent the agent and attorney-in-fact of Mortgagor Grantor so to do. The lien hereof will automatically attach, without further act, to all after acquired property attached to and/or used in the operation of the Premises, the Land Property or any part thereof.

Further Assurances; After-Acquired Property. At any time, and from time to time, upon request by LenderCollateral Agent, Mortgagor Obligor will make, execute and deliver or cause to be made, executed and delivered, to Lender Collateral Agent and, where appropriate, cause to be recorded or re-recorded and/or filed or and from time to time thereafter to be rerecorded and/or refiled at such time and from time to time, and in such offices and places as shall be deemed desirable by LenderCollateral Agent, any and all such other and further mortgagesdeeds to secure debt, security agreements, financing statements, notice filings, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of LenderCollateral Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligations obligation of Mortgagor Obligor under the Loan Documents Note, the Credit Agreement and this Mortgage, Instrument and (b) the lien of this Mortgage Instrument as a first and prior perfected lien upon and security title in and to all of the PremisesProperty, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageObligor. Upon any failure by Mortgagor Obligor so to do, Lender Collateral Agent may make, execute, record, file, rerecord and/or re-file record and/or refile any and all such mortgagesdeeds to secure debt, security agreements, financing statements, continuation statements, instruments, certificates certificates, and documents for and in the name of Mortgagor, Obligor and Mortgagor Obligor hereby irrevocably appoints Lender Collateral Agent the agent and attorney-in-fact of Mortgagor Obligor so to do. 110 118 The lien hereof will automatically attach, without further act, to all after acquired property attached to and/or used in the operation of the Premises, the Land Property or any part thereof.

Further Assurances; After-Acquired Property. At any time, and from time to time, upon request by LenderCollateral Agent, Mortgagor Obligor will make, execute and deliver or cause to be made, executed and delivered, to Lender Collateral Agent and, where appropriate, cause to be recorded or re-recorded and/or filed or and from time to time thereafter to be rerecorded and/or refiled at such time and from time to time, and in such offices and places as shall be deemed desirable by LenderCollateral Agent, any and all such other and further mortgagesdeeds to secure debt, security agreements, financing statements, notice filings, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of LenderCollateral Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligations obligation of Mortgagor Obligor under the Loan Documents Note, the Credit Agreement and this Mortgage, Instrument and (b) the lien of this Mortgage Instrument as a first and prior perfected lien upon and security title in and to all of the PremisesProperty, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageObligor. Upon any failure by Mortgagor Obligor so to do, Lender Collateral Agent may make, execute, record, file, rerecord and/or re-file record 100 105 and/or refile any and all such mortgagesdeeds to secure debt, security agreements, financing statements, continuation statements, instruments, certificates certificates, and documents for and in the name of Mortgagor, Obligor and Mortgagor Obligor hereby irrevocably appoints Lender Collateral Agent the agent and attorney-in-fact of Mortgagor Obligor so to do. The lien hereof will automatically attach, without further act, to all after acquired property attached to and/or used in the operation of the Premises, the Land Property or any part thereof.

Further Assurances; After-Acquired Property. At any time, and from time to time, at Borrower's expense and upon request by LenderMortgagee, Mortgagor will Borrower shall make, execute and deliver or cause to be made, executed and delivered, to Lender Mortgagee and, where appropriate, cause to be recorded or and/or filed and from time to time thereafter to be re-recorded and/or filed or refiled at such time and from time to time, and in such offices and places as shall be deemed desirable by LenderMortgagee, any and all such other and further deeds to secure debt, mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments of further assuranceassurances, certificates and other documents as may, in the opinion of LenderMortgagee, be necessary or desirable in order to effectuate, complete, complete or perfect, or to continue and preserve (a) preserve, [i] the obligations of Mortgagor Borrower described in the Agreement and under the Loan Documents this Mortgage and this Mortgage, and (b) [ii] the lien of this Mortgage as a first and prior perfected lien upon and security interest in and to all of the PremisesProperty, whether now owned or hereafter acquired by Mortgagor Borrower, subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgagePermitted Exceptions. Upon any failure by Mortgagor Borrower so to do, Lender Mortgagee may make, execute, record, file, rerecord and/or re-file record and/or refile any and all such deeds to secure debt, mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates and documents for and in the name of MortgagorBorrower, and Mortgagor Borrower hereby irrevocably appoints Lender Mortgagee the agent and attorney-in-fact of Mortgagor Borrower so to do. The lien and security interest hereof will shall automatically attach, without further act, to all after after-acquired property attached to and/or used in the operation of the Premises, the Land Property or any part thereof, to the extent permitted by law.

Further Assurances; After-Acquired Property. At any time, time and from time to time, upon request by LenderAgent, Mortgagor Grantor will make, execute and deliver or cause to be made, executed and delivered, to Lender Agent and, where appropriate, cause to be recorded or re-recorded and/or filed or and from time to time thereafter to be rerecorded and/or refiled at such time and from time to time, and in such offices and places as shall reasonably be deemed desirable by LenderAgent, any and all such other and further mortgagesdeeds of trust, security agreements, financing statements, notice filings, continuation statements, instruments of further assurance, certificates and other documents as may, in the reasonable opinion of LenderAgent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligations obligation of Mortgagor Grantor under the Guaranty, this Instrument, the other Loan Documents and this Mortgage, the Hedge Documents and (b) the lien of this Mortgage Instrument as a first and prior perfected lien upon and security interest in and to all of the PremisesProperty, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageGrantor. Upon any failure by Mortgagor Grantor so to do, Lender Agent may make, execute, record, file, rerecord and/or re-file record and/or refile any and all such mortgagesdeeds of trust, security agreements, financing statements, continuation statements, instruments, certificates certificates, and documents for and in the name of Mortgagor, Grantor and Mortgagor Grantor hereby irrevocably appoints Lender Agent the agent and attorney-in-fact of Mortgagor Grantor so to do. The lien hereof will automatically attach, without further act, to all after acquired property attached to and/or used in the operation of the Premises, the Land Property or any part thereof.

Further Assurances; After-Acquired Property. At any time, and from time to time, upon request by LenderBond Trustee, Mortgagor Grantor will make, execute and deliver or cause to be made, executed and delivered, to Lender Bond Trustee and, where appropriate, cause to be recorded or re-recorded and/or filed or refiled at such time and from time to time, time thereafter to be rerecorded and/or reified at such time and in such offices and places as shall be deemed desirable by LenderBond Trustee, any and all such other and further mortgagesdeeds of trusts, security agreements, financing statements, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of LenderBond Trustee, be necessary or desirable in order to effectuate, complete, complete or perfect, or to continue and preserve (a) the obligations of Mortgagor Grantor under the Note, the Loan Documents Agreement, and under this MortgageDeed of Trust, and (b) the lien security interest created by this Deed of this Mortgage Trust as a first and prior perfected lien security interest upon and security title in and to all of the Premises, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageGrantor. Upon any failure by Mortgagor Grantor so to do, Lender Bond Trustee may make, execute, record, file, rerecord and/or re-file refile any and all such mortgagesdeeds of trust, security agreements, financing statements, continuation statements, instruments, certificates certificates, and documents for and in the name of MortgagorGrantor, and Mortgagor Grantor hereby irrevocably appoints Lender Bond Trustee the agent and attorney-in-fact of Mortgagor Grantor so to do. The lien hereof security title of this Deed of Trust will automatically attach, without further act, to all after after-acquired property attached to and/or used in the operation of the Premises, the Land Premises or any part thereof.

Further Assurances; After-Acquired Property. At any time, and from time to time, upon request by LenderBeneficiary, Mortgagor the Grantor will make, execute and deliver or cause to be made, executed and delivered, to Lender Beneficiary and/or Trustee and, where appropriateappropriate and on request of the Trustee or the Beneficiary, cause to be recorded or and/or filed and from time to time thereafter to be re-recorded and/or filed or refiled at such time and from time to time, and in such offices and places as shall be deemed desirable by LenderBeneficiary, any and all such other and further mortgagesdeeds of trust, security agreements, financing statements, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of LenderBeneficiary, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligations of Mortgagor the Grantor under the Loan Documents and Contract or this Mortgage, Deed of Trust and (b) the lien of this Mortgage Deed of Trust as a first and prior perfected lien lien, subject to Permitted Encumbrances, upon and security title in and to all of the PremisesMortgaged Property, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageGrantor. Upon any failure by Mortgagor the Grantor so to do, Lender Beneficiary may make, execute, record, file, rerecord and/or re-file record and/or refile any and all such mortgagesdeeds of trust, security agreements, financing statements, continuation statements, instruments, certificates certificates, and documents for and in the name of Mortgagor, the Grantor and Mortgagor the Grantor hereby irrevocably appoints Lender the Beneficiary as its agent and attorney-in-fact of Mortgagor so to do. The lien hereof will automatically attach, without further act, to all after acquired property attached to and/or used in the operation of the Premises, the Land or any part thereofdo so.

Further Assurances; After-Acquired Property. At any time, and from time to time, upon request by Lenderthe Beneficiary, Mortgagor will the Trustor shall make, execute and deliver deliver, or cause to be made, executed and delivered, to Lender the Beneficiary and, where appropriate, cause to be recorded or re-recorded and/or filed or refiled at such time filed, and from time to timetime thereafter to be recorded and/or filed, at such time and in such offices and places as shall be deemed desirable by Lenderthe Beneficiary, any and all such other and further mortgagesdeeds of trust, security agreements, financing statements, continuation statementsstatements respecting personal property, instruments of further assurance, certificates and other documents as may, in the opinion of Lenderthe Beneficiary, be necessary or desirable in order to effectuate, complete, complete or perfect, or to continue and preserve preserve, (a) the obligations of Mortgagor the Trustor under the Loan Documents and this MortgageDeed of Trust, and (b) the lien of this Mortgage Deed of Trust as a first and lien prior perfected lien upon to all of the Premises, whether now owned or hereafter acquired by Mortgagor subject only liens except those obligations which shall be senior obligations pursuant to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with provisions of this MortgageDeed of Trust. Upon any failure by Mortgagor so the Trustor to dodo so, Lender the Beneficiary may make, execute, record, file, rerecord and/or file re-file record and/or refile any and all such mortgagesdeeds of trust, security agreements, financing statements, continuation statements, instruments, certificates and documents for and in the name of Mortgagorthe Trustor, and Mortgagor the Trustor hereby irrevocably appoints Lender the Beneficiary the agent and attorney-in-fact of Mortgagor so the Trustor to dodo so. The lien hereof will shall automatically attach, without further act, to all after after-acquired property attached deemed to and/or used in the operation be part of the Premises, the Land or any part thereofSecurity as defined herein.

Further Assurances; After-Acquired Property. At any time, and from time to time, upon request by Lender, Mortgagor Borrower will make, execute and deliver deliver, or cause to be made, executed and delivered, to Lender and, where appropriate, cause to be recorded or and/or filed and from time to time thereafter to be re-recorded and/or filed or refiled at such time and from time to time, and in such offices and or places as shall be deemed desirable by Lender, any and all such other and further deeds to secure debt, mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments instrument of further assurance, certificates and other documents as may, in the reasonable opinion of Lender, be necessary or desirable in order to effectuate, complete, complete or perfect, or to continue and preserve (ai) the obligations obligation of Mortgagor Borrower under the Loan Documents Note and under this Mortgage, Deed and (bii) the lien of security interest created by this Mortgage Deed as a first and prior perfected lien security interest upon and security title in and to all of the Premises, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageBorrower. Upon any failure by Mortgagor Borrower so to do, Lender may make, execute, record, file, rerecord re-record and/or re-file any and all such mortgagesdeeds to secure debt, security agreements, financing statements, continuation statements, instruments, certificates and documents for and in the name of MortgagorBorrower, and Mortgagor Borrower hereby irrevocably appoints Lender the agent and attorney-in-fact of Mortgagor Borrower so to do. The lien hereof security title of this Deed and the security interest created hereby will automatically attach, without further act, to all after after-acquired property attached to and/or used in the operation of the Premises, the Land Premises or any part thereof.

Further Assurances; After-Acquired Property. At any time, time and from time to time, upon request by LenderAgent, Mortgagor Grantor will make, execute and deliver or cause to be made, executed and delivered, to Lender Trustee and Agent and, where appropriate, cause to be recorded or re-recorded and/or filed or and from time to time thereafter to be rerecorded and/or refiled at such time and from time to time, and in such offices and places as shall reasonably be deemed desirable by LenderAgent, any and all such other and further mortgagesdeeds of trust, security agreements, financing statements, notice filings, continuation statements, instruments of further assurance, certificates and other documents as may, in the reasonable opinion of LenderAgent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligations obligation of Mortgagor Grantor under the Guaranty, this Instrument, the other Loan Documents and this Mortgage, the Hedge Documents and (b) the lien of this Mortgage Instrument as a first and prior perfected lien upon and security interest in and to all of the PremisesProperty, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageGrantor. Upon any failure by Mortgagor Grantor so to do, Lender Agent may make, execute, record, file, rerecord and/or re-file record and/or refile any and all such mortgagesdeeds of trust, security agreements, financing statements, continuation statements, instruments, certificates certificates, and documents for and in the name of Mortgagor, Grantor and Mortgagor Grantor hereby irrevocably appoints Lender Agent the agent and attorney-in-fact of Mortgagor Grantor so to do. The lien hereof will automatically attach, without further act, to all after acquired property attached to and/or used in the operation of the Premises, the Land Property or any part thereof.

Further Assurances; After-Acquired Property. At any time, and from time to time, upon request by Lenderthe Mortgagee, the Mortgagor will make, execute and deliver or cause to be made, executed and delivered, to Lender the Mortgagee and, where appropriate, to cause to be recorded or and/or filed and from time to time thereafter to be re-recorded and/or filed or refiled at such time and from time to time, and in such offices and places as shall be deemed reasonably desirable by Lender, the Mortgagee any and all such other and further mortgages, security agreements, financing statements, continuation statements, instruments of further assurance, certificates certificates, financing statements and other documents as may, in the opinion of Lenderthe Mortgagee, be reasonably necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligations obligation of the Mortgagor under the Loan Documents and this Mortgage, and (b) the lien and security interest of this Mortgage as a first and prior perfected lien and security interest upon all of the PremisesMortgaged Property, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageMortgagor. Upon any failure by the Mortgagor so to do, Lender the Mortgagee may make, execute, record, file, rerecord and/or re-file and record any and all such mortgages, security agreementsinstruments, certificates, financing statements, continuation statements, instruments, certificates statements and documents for and in the name of Mortgagorthe Mortgagor and, and the Mortgagor hereby irrevocably appoints Lender the Mortgagee the agent and attorney-in-fact of the Mortgagor so to do. The lien hereof will automatically attach, without further act, to all after acquired property attached to and/or used in the operation of the Premises, the Land Mortgaged Property or any part thereof.

Further Assurances; After-Acquired Property. At any time, and from time to time, upon request by Lender, Mortgagor Borrower will make, execute and deliver deliver, or cause to be made, executed and delivered, to Lender and, where appropriate, cause to be recorded or and/or filed and from time to time thereafter to be re-recorded and/or filed or refiled at such time and from time to time, and in such offices and or places as shall be deemed desirable by Lender, any and all such other and further deeds to secure debt, mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments instrument of further assurance, certificates and other documents as may, in the reasonable opinion of Lender, be necessary or desirable in order to effectuate, complete, complete or perfect, or to continue and preserve (ai) the obligations obligation of Mortgagor Borrower under the Loan Documents Note and under this Mortgage, Deed and (bii) the lien of security interest created by this Mortgage Deed as a first and prior perfected lien security interest upon and security title in and to all of the Premises, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageBorrower. Upon any failure by Mortgagor Borrower so to do, Lender may make, execute, record, file, rerecord and/or re-file record and/or refile any and all such mortgagesdeeds to secure debt, security agreements, financing statements, continuation statements, instruments, certificates and documents for and in the name of MortgagorBorrower, and Mortgagor Borrower hereby irrevocably appoints Lender the agent and attorney-in-fact of Mortgagor Borrower so to do. The lien hereof security title of this Deed and the security interest created hereby will automatically attach, without further act, to all after after-acquired property attached to and/or used in the operation of the Premises, the Land Premises or any part thereof.

Further Assurances; After-Acquired Property. At any time, and from ------------------------------------------- time to time, upon request by LenderAgent, Mortgagor Obligor will make, execute and deliver or cause to be made, executed and delivered, to Lender Agent and, where appropriate, cause to be recorded or re-recorded and/or filed or and from time to time thereafter to be rerecorded and/or refiled at such time and from time to time, and in such offices and places as shall be deemed desirable by LenderAgent, any and all such other and further mortgagesdeeds of trust, security agreements, financing statements, notice filings, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of LenderAgent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligations obligation of Mortgagor Obligor under the Loan Documents Note, the Credit Agreement and this Mortgage, Instrument and (b) the lien of this Mortgage Instrument as a first and prior perfected lien upon and security title in and to all of the PremisesProperty, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageObligor. Upon any failure by Mortgagor Obligor so to do, Lender Agent may make, execute, record, file, rerecord and/or re-file record and/or refile any and all such mortgagesdeeds of trust, security agreements, financing statements, continuation statements, instruments, certificates certificates, and documents for and in the name of Mortgagor, Obligor and Mortgagor Obligor hereby irrevocably appoints Lender Agent the agent and attorney-in-fact of Mortgagor Obligor so to do. The lien hereof will automatically attach, without further act, to all after acquired property attached to and/or used in the operation of the Premises, the Land Property or any part thereof.

Further Assurances; After-Acquired Property. At any time, and from time to time, upon request by LenderCollateral Agent, Mortgagor Obligor will make, execute and deliver or cause to be made, executed and delivered, to Lender Collateral Agent and, where appropriate, cause to be recorded or re-recorded and/or filed or and from time to time thereafter to be rerecorded and/or refiled at such time and from time to time, and in such offices and places as shall be deemed desirable by LenderCollateral Agent, any and all such other and further mortgagesdeeds to secure debt, deeds of trust, security agreements, financing statements, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of LenderCollateral Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligations obligation of Mortgagor Obligor under the Loan Transaction Documents and under this Mortgage, Instrument and (b) the lien of this Mortgage Instrument as a first and prior perfected lien upon and security title in and to all of the PremisesProperty (except for Permitted Encumbrances), whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageObligor. Upon any failure by Mortgagor Obligor so to do, Lender Collateral Agent may make, execute, record, file, rerecord and/or re-file record and/or refile any and all such mortgagesdeeds to secure debt, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates certificates, and documents for and in the name of Mortgagor, Obligor and Mortgagor Obligor hereby irrevocably appoints Lender Collateral Agent the agent and attorney-in-fact of Mortgagor Obligor so to do. The lien hereof will automatically attach, without further act, to all after acquired property attached to and/or used in the operation of the Premises, the Land Property or any part thereof.

Further Assurances; After-Acquired Property. At any time, time and from time to time, upon request by LenderXxxxxx, Mortgagor Xxxxxxxxx will make, execute and deliver or cause to be made, executed and delivered, to Lender and, where appropriate, cause to be recorded or re-recorded and/or filed or and from time to time thereafter to be rerecorded and/or refiled at such time and from time to time, and in such offices and places as shall be deemed desirable by Lender, any and all such other and further mortgagesdeeds of trust, security agreements, financing statements, notice filings, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of LenderXxxxxx, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligations obligation of Mortgagor under this Instrument and the Loan Documents and this MortgageNote, and (b) the lien of this Mortgage Instrument as a first and prior perfected lien upon and security interest in and to all of the PremisesProperty, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageXxxxxxxxx. Upon any failure by Mortgagor Xxxxxxxxx so to do, Lender Xxxxxx may make, execute, record, file, rerecord and/or re-file record and/or refile any and all such mortgagesdeeds of trust, security agreements, financing statements, continuation statements, instruments, certificates certificates, and documents for and in the name of Mortgagor, Xxxxxxxxx and Mortgagor Xxxxxxxxx hereby irrevocably appoints Lender the agent and attorney-in-fact of Mortgagor so to do. The lien hereof will automatically attach, without further act, to all after acquired property attached to and/or used in the operation of the Premises, the Land Property or any part thereof.

Further Assurances; After-Acquired Property. At any time, and from time to time, upon request by Lender, Mortgagor Borrower will make, execute and deliver deliver, or cause to be made, executed and delivered, to Lender and, where appropriate, cause to be recorded or and/or filed and from time to time thereafter to be re-recorded and/or filed or refiled at such time and from time to time, and in such offices and or places as shall be deemed desirable by Lender, any and all such other and further deeds to secure debt, mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments instrument of further assurance, certificates and other documents as may, in the opinion of Lender, be necessary or desirable in order to effectuate, complete, complete or perfect, or to continue and preserve (ai) the obligations obligation of Mortgagor Borrower under the Loan Documents Note and under this Mortgage, Deed and (bii) the lien of security interest created by this Mortgage Deed as a first and prior perfected lien security interest upon and security title in and to all of the Premises, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageBorrower. Upon any failure by Mortgagor Borrower so to do, Lender may make, execute, record, file, rerecord and/or re-file record and/or refile any and all such mortgagesdeeds to secure debt, security agreements, financing statements, continuation statements, instruments, certificates and documents for and in the name of MortgagorBorrower, and Mortgagor Borrower hereby irrevocably appoints Lender the agent and attorney-in-fact of Mortgagor Borrower so to do. The lien hereof security title of this Deed and the security interest created hereby will automatically attach, without further act, to all after after-acquired property attached to and/or used in the operation of the Premises, the Land Premises or any part thereof.

Further Assurances; After-Acquired Property. At any time, and from time to time, upon request by LenderAgent, Mortgagor Obligor will make, execute and deliver or cause to be made, executed and delivered, to Lender Agent and, where appropriate, cause to be recorded or re-recorded and/or filed or and from time to time thereafter to be rerecorded and/or refiled at such time and from time to time, and in such offices and places as shall be deemed desirable by LenderAgent, any and all such other and further mortgagesdeeds to secure debt, security agreements, financing statements, notice filings, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of LenderAgent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligations obligation of Mortgagor Obligor under the Loan Documents Note, the Credit Agreement and this Mortgage, Instrument and (b) the lien of this Mortgage Instrument as a first and prior perfected lien upon and security title in and to all of the PremisesProperty, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageObligor. Upon any failure by Mortgagor Obligor so to do, Lender Agent may make, execute, record, file, rerecord and/or re-file record and/or refile any and all such mortgagesdeeds to secure debt, security agreements, financing statements, continuation statements, instruments, certificates certificates, and documents for and in the name of Mortgagor, Obligor and Mortgagor Obligor hereby irrevocably appoints Lender Agent the agent and attorney-in-fact of Mortgagor Obligor so to do. The lien hereof will automatically attach, without further act, to all after acquired property attached to and/or used in the operation of the Premises, the Land Property or any part thereof.

Further Assurances; After-Acquired Property. At any time, and from time to time, upon request by LenderCollateral Agent, Mortgagor Obligor will make, execute and deliver or cause to be made, executed and delivered, to Lender Collateral Agent and, where appropriate, cause to be recorded or re-recorded and/or filed or and from time to time thereafter to be rerecorded and/or refiled at such time and from time to time, and in such offices and places as shall be deemed desirable by LenderCollateral Agent, any and all such other and further mortgagesdeeds to secure debt, deeds of trust, security agreements, financing statements, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of LenderCollateral Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligations obligation of Mortgagor Obligor under the Loan Documents Notes, the Note Purchase Agreements and the Credit Agreement and under this Mortgage, Instrument and (b) the lien of this Mortgage Instrument as a first and prior perfected lien upon and security title in and to all of the PremisesProperty, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageObligor. Upon any failure by Mortgagor Obligor so to do, Lender Collateral Agent may make, execute, record, file, rerecord and/or re-file record and/or refile any and all such mortgagesdeeds to secure debt, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates certificates, and documents for and in the name of Mortgagor, Obligor and Mortgagor Obligor hereby irrevocably appoints Lender Collateral Agent the agent and attorney-in-fact of Mortgagor Obligor so to do. The lien hereof will automatically attach, without further act, to all after acquired property attached to and/or used in the operation of the Premises, the Land Property or any part thereof.

Further Assurances; After-Acquired Property. At any time, time and from time to time, upon request by LenderBeneficiary, Mortgagor Grantor will make, execute and deliver or cause to be made, executed and delivered, to Lender Beneficiary and, where appropriate, cause to be recorded or re-recorded and/or filed or and from time to time thereafter to be rerecorded and/or refiled at such time and from time to time, and in such offices and places as shall be deemed desirable by LenderBeneficiary, any and all such other and further mortgagesdeeds of trust, security agreements, financing statements, notice filings, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of LenderBeneficiary, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligations obligation of Mortgagor Grantor under the Guaranty, this Instrument, the other Loan Documents and this Mortgage, the Hedge Documents and (b) the lien of this Mortgage Instrument as a first and prior perfected lien upon and security interest in and to all of the PremisesProperty, whether now owned or hereafter acquired by Mortgagor subject only to the matters appearing in the title policy delivered by Mortgagor to Lender in connection with this MortgageGrantor. Upon any failure by Mortgagor Grantor so to do, Lender Beneficiary may make, execute, record, file, rerecord and/or re-file record and/or refile any and all such mortgagesdeeds of trust, security agreements, financing statements, continuation statements, instruments, certificates certificates, and documents for and in the name of Mortgagor, Grantor and Mortgagor Grantor hereby irrevocably appoints Lender Beneficiary the agent and attorney-in-fact of Mortgagor Grantor so to do. The lien hereof will automatically attach, without further act, to all after acquired property attached to and/or used in the operation of the Premises, the Land Property or any part thereof.