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 Agent, Mortgagor will make, execute and deliver or cause to be made, executed and delivered, to Agent and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded and/or refiled at such time and in such offices and places as shall be deemed desirable by Agent, 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 Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of Mortgagor under the Guaranty, this Instrument, the other Loan Documents and the Hedge Documents and (b) this Instrument as a first and prior lien upon and security interest in and to all of the Property, whether now owned or hereafter acquired by Mortgagor. Upon any failure by Mortgagor so to do, Agent may make, execute, record, file, re-record and/or refile any and all such mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of Mortgagor and Mortgagor hereby irrevocably appoints 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 Property or any part thereof.

Further Assurances; After-Acquired Property. At any time time, and from time to time, upon request by Collateral Agent, Mortgagor Obligor will make, execute and deliver or cause to be made, executed and delivered, to Collateral Agent and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded and/or refiled at such time and in such offices and places as shall be deemed desirable by Collateral Agent, any and all such other and further mortgagesdeeds to secure debt, 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 Collateral Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of Mortgagor Obligor under the Guaranty, Note and under this Instrument, the other Loan Documents and the Hedge Documents Instrument and (b) the lien of this Instrument as a first and prior lien upon and security interest title in and to all of the Property, whether now owned or hereafter acquired by MortgagorObligor. Upon any failure by Mortgagor Obligor so to do, Collateral Agent may make, execute, record, file, re-record and/or refile any and all such mortgagesdeeds to secure debt, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of Mortgagor Obligor and Mortgagor Obligor hereby irrevocably appoints 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 Property or any part thereof.

Further Assurances; After-Acquired Property. At any time and from time to time, upon request by Agent, Mortgagor will make, execute and deliver or cause to be made, executed and delivered, to Agent and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded and/or refiled at such time and in such offices and places as shall be deemed desirable by Agent, 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 Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of Mortgagor under the Guaranty, this Instrument, the other Loan Documents and the Hedge Documents and (b) this Instrument as a first and prior lien upon and security interest in and to all of the Property, whether now owned or hereafter acquired by Mortgagor. Upon any failure by Mortgagor so to do, Agent may make, execute, record, file, re-record and/or refile any and all such mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of Mortgagor and Mortgagor hereby irrevocably appoints 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 Property or any part thereof.

Further Assurances; After-Acquired Property. At any time time, and from time to time, upon request by AgentLender, Mortgagor will make, execute and deliver or cause to be made, executed and delivered, to Agent Lender and, where appropriate, cause to be recorded or re-recorded and/or filed or refiled at such time and from time to time thereafter to be rerecorded and/or refiled at such time time, and in such offices and places as shall be deemed desirable by AgentLender, 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 AgentLender, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation obligations of Mortgagor under the Guaranty, this Instrument, the other Loan Documents and the Hedge Documents this Mortgage, and (b) the lien of this Instrument Mortgage as a first and prior perfected lien upon and security interest in and to all of the PropertyPremises, whether now owned or hereafter acquired by MortgagorMortgagor 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, Agent Lender may make, execute, record, file, rerecord and/or re-record and/or refile file 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 Agent 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 Property Premises, the Land or any part thereof.

Further Assurances; After-Acquired Property. At any time and from time to time, upon request by Agent, Mortgagor Grantor will make, execute and deliver or cause to be made, executed and delivered, to Agent and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded and/or refiled at such time and in such offices and places as shall be deemed desirable by Agent, 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 Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of Mortgagor Grantor under the Guaranty, this Instrument, the other Loan Documents and the Hedge Documents and (b) this Instrument as a first and prior lien upon and security interest in and to all of the Property, whether now owned or hereafter acquired by MortgagorGrantor. Upon any failure by Mortgagor Grantor so to do, Agent may make, execute, record, file, re-record and/or refile any and all such mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of Mortgagor Grantor and Mortgagor Grantor hereby irrevocably appoints 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 Property or any part thereof.

Further Assurances; After-Acquired Property. At any time and from time to time, upon request by Agent, Mortgagor Grantor will make, execute and deliver or cause to be made, executed and delivered, to Trustee and Agent and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded and/or refiled at such time and in such offices and places as shall reasonably be deemed desirable by Agent, 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 reasonable opinion of Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of Mortgagor Grantor under the Guaranty, this Instrument, the other Loan Documents and the Hedge Documents and (b) this Instrument as a first and prior lien upon and security interest in and to all of the Property, whether now owned or hereafter acquired by MortgagorGrantor. Upon any failure by Mortgagor Grantor so to do, Agent may make, execute, record, file, re-record and/or refile any and all such mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of Mortgagor Grantor and Mortgagor Grantor hereby irrevocably appoints 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 Property or any part thereof.

Further Assurances; After-Acquired Property. At any time time, and from time to time, upon request by Collateral Agent, Mortgagor Obligor will make, execute and deliver or cause to be made, executed and delivered, to Collateral Agent and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded and/or refiled at such time and in such offices and places as shall be deemed desirable by Collateral Agent, any and all such other and further mortgages, deeds of trustto secure debt, security agreements, financing statements, notice filings, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of Collateral Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of Mortgagor Obligor under the Guaranty, this InstrumentNote, the other Loan Documents Credit Agreement and the Hedge Documents this Instrument and (b) this Instrument as a first and prior lien upon and security interest title in and to all of the Property, whether now owned or hereafter acquired by MortgagorObligor. Upon any failure by Mortgagor Obligor so to do, Collateral Agent may make, execute, record, file, re-record and/or refile any and all such mortgages, deeds of trustto secure debt, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of Mortgagor Obligor and Mortgagor Obligor hereby irrevocably appoints 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 Property or any part thereof.

Further Assurances; After-Acquired Property. At any time time, and from time to time, upon request by Collateral Agent, Mortgagor Obligor will make, execute and deliver or cause to be made, executed and delivered, to Collateral Agent and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded and/or refiled at such time and in such offices and places as shall be deemed desirable by Collateral Agent, any and all such other and further mortgagesdeeds to secure debt, 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 Collateral Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of Mortgagor Obligor under the Guaranty, this InstrumentNotes, the other Loan Documents Note Purchase Agreements and the Hedge Documents Credit Agreement and under this Instrument and (b) the lien of this Instrument as a first and prior lien upon and security interest title in and to all of the Property, whether now owned or hereafter acquired by MortgagorObligor. Upon any failure by Mortgagor Obligor so to do, Collateral Agent may make, execute, record, file, re-record and/or refile any and all such mortgagesdeeds to secure debt, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of Mortgagor Obligor and Mortgagor Obligor hereby irrevocably appoints 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 Property or any part thereof.

Further Assurances; After-Acquired Property. At any time and from time to time, upon request by Agent, Mortgagor Grantor will make, execute and deliver or cause to be made, executed and delivered, to Trustee and Agent and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded and/or refiled at such time and in such offices and places as shall reasonably be deemed desirable by Agent, 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 reasonable opinion of Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of Mortgagor Grantor under the Guaranty, this Instrument, Instrument and the other Loan Documents and the Hedge Documents and (b) this Instrument as a first and prior lien upon and security interest in and to all of the Property, whether now owned or hereafter acquired by MortgagorGrantor. Upon any failure by Mortgagor Grantor so to do, Agent may make, execute, record, file, re-record and/or refile any and all such mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of Mortgagor Grantor and Mortgagor Grantor hereby irrevocably appoints 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 Property or any part thereof.

Further Assurances; After-Acquired Property. At any time and from time to time, upon request by Agent, Mortgagor Grantor will make, execute and deliver or cause to be made, executed and delivered, to Agent and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded and/or refiled at such time and in such offices and places as shall be deemed desirable by Agent, 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 Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of Mortgagor Grantor under the Guaranty, this Instrument, the other Loan Documents and the Hedge Documents and (b) this Instrument as a first and prior lien upon and security interest in and to all of the Property, whether now owned or hereafter acquired by MortgagorGrantor. Upon any failure by Mortgagor Grantor so to do, Agent may make, execute, record, file, re-record and/or refile any and all such mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of Mortgagor Grantor and Mortgagor Grantor hereby irrevocably appoints 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 Property or any part thereof.

Further Assurances; After-Acquired Property. At any time time, and from time to time, upon request by AgentLender, Mortgagor Borrower will make, execute and deliver deliver, or cause to be made, executed and delivered, to Agent Lender and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded re-recorded and/or refiled at such time and in such offices and or places as shall be deemed desirable by AgentLender, any and all such other and further deeds to secure debt, mortgages, deeds of trust, security agreements, financing statements, notice filings, continuation statements, instruments instrument of further assurance, certificates and other documents as may, in the reasonable opinion of AgentLender, be necessary or desirable in order to effectuate, complete, complete or perfect, or to continue and preserve (ai) the obligation of Mortgagor Borrower under the Guaranty, Note and under this Instrument, the other Loan Documents and the Hedge Documents Deed and (bii) the security interest created by this Instrument Deed as a first and prior lien security interest upon and security interest title in and to all of the PropertyPremises, whether now owned or hereafter acquired by MortgagorBorrower. Upon any failure by Mortgagor Borrower so to do, Agent Lender may make, execute, record, file, re-record and/or refile any and all such mortgages, deeds of trustto secure debt, security agreements, financing statements, continuation statements, instruments, certificates, certificates and documents for and in the name of Mortgagor Borrower, and Mortgagor Borrower hereby irrevocably appoints Agent 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 Property Premises or any part thereof.

Further Assurances; After-Acquired Property. At any time time, and from ------------------------------------------- time to time, upon request by Agent, Mortgagor Obligor will make, execute and deliver or cause to be made, executed and delivered, to Agent and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded and/or refiled at such time and in such offices and places as shall be deemed desirable by Agent, 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 Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of Mortgagor Obligor under the Guaranty, this InstrumentNote, the other Loan Documents Credit Agreement and the Hedge Documents this Instrument and (b) the lien of this Instrument as a first and prior lien upon and security interest title in and to all of the Property, whether now owned or hereafter acquired by MortgagorObligor. Upon any failure by Mortgagor Obligor so to do, Agent may make, execute, record, file, re-record and/or refile any and all such mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of Mortgagor Obligor and Mortgagor Obligor hereby irrevocably appoints 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 Property or any part thereof.

Further Assurances; After-Acquired Property. At any time time, and from time to time, upon request by Agentthe Beneficiary, Mortgagor will the Trustor shall make, execute and deliver deliver, or cause to be made, executed and delivered, to Agent the Beneficiary and, where appropriate, cause to be recorded and/or filed filed, and from time to time thereafter to be rerecorded recorded and/or refiled filed, at such time and in such offices and places as shall be deemed desirable by Agentthe Beneficiary, any and all such other and further mortgages, deeds of trust, security agreements, financing statements, notice filings, continuation statementsstatements respecting personal property, instruments of further assurance, certificates and other documents as may, in the opinion of Agentthe Beneficiary, be necessary or desirable in order to effectuate, complete, complete or perfect, or to continue and preserve preserve, (a) the obligation obligations of Mortgagor the Trustor under the Guarantythis Deed of Trust, this Instrument, the other Loan Documents and the Hedge Documents and (b) the lien of this Instrument Deed of Trust as a first and lien prior lien upon and security interest in and to all liens except those obligations which shall be senior obligations pursuant to the provisions of the Property, whether now owned or hereafter acquired by Mortgagorthis Deed of Trust. Upon any failure by Mortgagor so the Trustor to dodo so, Agent the Beneficiary may make, execute, record, file, file re-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 the Trustor, and Mortgagor the Trustor hereby irrevocably appoints Agent 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 Property or any part thereofSecurity as defined herein.

Further Assurances; After-Acquired Property. At any time time, and from time to time, upon request by Agent, Mortgagor Obligor will make, execute and deliver or cause to be made, executed and delivered, to Agent and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded and/or refiled at such time and in such offices and places as shall be deemed desirable by Agent, any and all such other and further mortgages, deeds of trustto secure debt, security agreements, financing statements, notice filings, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of Mortgagor Obligor under the Guaranty, this InstrumentNote, the other Loan Documents Credit Agreement and the Hedge Documents this Instrument and (b) this Instrument as a first and prior lien upon and security interest title in and to all of the Property, whether now owned or hereafter acquired by MortgagorObligor. Upon any failure by Mortgagor Obligor so to do, Agent may make, execute, record, file, re-record and/or refile any and all such mortgages, deeds of trustto secure debt, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of Mortgagor Obligor and Mortgagor Obligor hereby irrevocably appoints 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 Property or any part thereof.

Further Assurances; After-Acquired Property. At any time time, and from time to time, upon request by Collateral Agent, Mortgagor Obligor will make, execute and deliver or cause to be made, executed and delivered, to Collateral Agent and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded and/or refiled at such time and in such offices and places as shall be deemed desirable by Collateral Agent, any and all such other and further mortgagesdeeds to secure debt, 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 Collateral Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of Mortgagor Obligor under the Guaranty, this Instrument, the other Loan Transaction Documents and the Hedge Documents under this Instrument and (b) the lien of this Instrument as a first and prior lien upon and security interest title in and to all of the PropertyProperty (except for Permitted Encumbrances), whether now owned or hereafter acquired by MortgagorObligor. Upon any failure by Mortgagor Obligor so to do, Collateral Agent may make, execute, record, file, re-record and/or refile any and all such mortgagesdeeds to secure debt, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of Mortgagor Obligor and Mortgagor Obligor hereby irrevocably appoints 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 Property or any part thereof.

Further Assurances; After-Acquired Property. At any time time, and from time to time, upon request by AgentBond Trustee, Mortgagor Grantor will make, execute and deliver or cause to be made, executed and delivered, to Agent Bond Trustee and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded and/or refiled reified at such time and in such offices and places as shall be deemed desirable by AgentBond Trustee, any and all such other and further mortgages, deeds of trusttrusts, security agreements, financing statements, notice filings, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of AgentBond Trustee, be necessary or desirable in order to effectuate, complete, complete or perfect, or to continue and preserve (a) the obligation obligations of Mortgagor Grantor under the Guaranty, this InstrumentNote, the other Loan Documents Agreement, and the Hedge Documents under this Deed of Trust, and (b) the security interest created by this Instrument Deed of Trust as a first and prior lien security interest upon and security interest title in and to all of the PropertyPremises, whether now owned or hereafter acquired by MortgagorGrantor. Upon any failure by Mortgagor Grantor so to do, Agent Bond Trustee may make, execute, record, file, re-record rerecord and/or refile any and all such mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of Mortgagor Grantor, and Mortgagor Grantor hereby irrevocably appoints Agent 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 Property Premises or any part thereof.

Further Assurances; After-Acquired Property. At any time and from time to time, upon request by Agent, Mortgagor Grantor will make, execute and deliver or cause to be made, executed and delivered, to Agent and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded and/or refiled at such time and in such offices and places as shall reasonably be deemed desirable by Agent, 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 reasonable opinion of Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of Mortgagor Grantor under the Guaranty, this Instrument, the other Loan Documents and the Hedge Documents and (b) this Instrument as a first and prior lien upon and security interest in and to all of the Property, whether now owned or hereafter acquired by MortgagorGrantor. Upon any failure by Mortgagor Grantor so to do, Agent may make, execute, record, file, re-record and/or refile any and all such mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of Mortgagor Grantor and Mortgagor Grantor hereby irrevocably appoints 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 Property or any part thereof.

Further Assurances; After-Acquired Property. At any time and from time to time, upon request by AgentBeneficiary, Mortgagor Grantor will make, execute and deliver or cause to be made, executed and delivered, to Agent Beneficiary and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded and/or refiled at such time and in such offices and places as shall be deemed desirable by AgentBeneficiary, 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 AgentBeneficiary, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of Mortgagor Grantor under the Guaranty, this Instrument, the other Loan Documents and the Hedge Documents and (b) this Instrument as a first and prior lien upon and security interest in and to all of the Property, whether now owned or hereafter acquired by MortgagorGrantor. Upon any failure by Mortgagor Grantor so to do, Agent Beneficiary may make, execute, record, file, re-record and/or refile any and all such mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of Mortgagor Grantor and Mortgagor Grantor hereby irrevocably appoints Agent 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 Property or any part thereof.

Further Assurances; After-Acquired Property. At any time time, and from time to time, upon request by AgentLender, Mortgagor Borrower will make, execute and deliver deliver, or cause to be made, executed and delivered, to Agent Lender and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded re-recorded and/or refiled at such time and in such offices and or places as shall be deemed desirable by AgentLender, any and all such other and further mortgagesdeeds to secure debt, 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 Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of Mortgagor under the Guaranty, this Instrument, the other Loan Documents and the Hedge Documents and (b) this Instrument as a first and prior lien upon and security interest in and to all of the Property, whether now owned or hereafter acquired by Mortgagor. Upon any failure by Mortgagor so to do, Agent may make, execute, record, file, re-record and/or refile any and all such mortgages, deeds of trust, security agreements, financing statements, continuation statements, 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 or perfect, or to continue and preserve (i) the obligation of Borrower under the Note and under this Deed and (ii) the security interest created by this Deed as a first and prior security interest upon and security title in and to all of the Premises, whether now owned or hereafter acquired by Borrower. Upon any failure by Borrower so to do, Lender may make, execute, record, file, re-record and/or re-file any and all such deeds to secure debt, security agreements, financing statements, continuation statements, instruments, certificates, certificates and documents for and in the name of Mortgagor Borrower, and Mortgagor Borrower hereby irrevocably appoints Agent 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 Property Premises or any part thereof.

Further Assurances; After-Acquired Property. At any time and from time to time, upon request by AgentXxxxxx, Mortgagor Xxxxxxxxx will make, execute and deliver or cause to be made, executed and delivered, to Agent Lender and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded and/or refiled at such time and in such offices and places as shall be deemed desirable by AgentLender, 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 AgentXxxxxx, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of Mortgagor under the Guaranty, this Instrument, the other Loan Documents Instrument and the Hedge Documents Note, and (b) this Instrument as a first and prior lien upon and security interest in and to all of the Property, whether now owned or hereafter acquired by Mortgagor. Upon any failure by Mortgagor Xxxxxxxxx so to do, Agent Xxxxxx may make, execute, record, file, re-record and/or refile any and all such mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of Mortgagor Xxxxxxxxx and Mortgagor Xxxxxxxxx hereby irrevocably appoints Agent 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 Property or any part thereof.

Further Assurances; After-Acquired Property. At any time time, and from time to time, at Borrower's expense and upon request by AgentMortgagee, Mortgagor will Borrower shall make, execute and deliver or cause to be made, executed and delivered, to Agent Mortgagee and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded re-recorded and/or refiled at such time and in such offices and places as shall be deemed desirable by AgentMortgagee, any and all such other and further deeds to secure debt, mortgages, deeds of trust, security agreements, financing statements, notice filings, continuation statements, instruments of further assuranceassurances, certificates and other documents as may, in the opinion of AgentMortgagee, be necessary or desirable in order to effectuate, complete, complete or perfect, or to continue and preserve (a) preserve, [i] the obligation obligations of Mortgagor Borrower described in the Agreement and under this Mortgage and [ii] the Guaranty, lien of this Instrument, the other Loan Documents and the Hedge Documents and (b) this Instrument Mortgage as a first and prior lien upon and security interest in and to all of the Property, whether now owned or hereafter acquired by MortgagorBorrower, subject only to the Permitted Exceptions. Upon any failure by Mortgagor Borrower so to do, Agent Mortgagee may make, execute, record, file, re-record and/or refile any and all such deeds to secure debt, mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, certificates and documents for and in the name of Mortgagor Borrower, and Mortgagor Borrower hereby irrevocably appoints Agent 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 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 Collateral Agent, Mortgagor Obligor will make, execute and deliver or cause to be made, executed and delivered, to Collateral Agent and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded and/or refiled at such time and in such offices and places as shall be deemed desirable by Collateral Agent, any and all such other and further mortgages, deeds of trustto secure debt, security agreements, financing statements, notice filings, continuation statements, instruments of further assurance, certificates and other documents as may, in the opinion of Collateral Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of Mortgagor Obligor under the Guaranty, this InstrumentNote, the other Loan Documents Credit Agreement and the Hedge Documents this Instrument and (b) this Instrument as a first and prior lien upon and security interest title in and to all of the Property, whether now owned or hereafter acquired by MortgagorObligor. Upon any failure by Mortgagor Obligor so to do, Collateral Agent may make, execute, record, file, re-record 100 105 and/or refile any and all such mortgages, deeds of trustto secure debt, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of Mortgagor Obligor and Mortgagor Obligor hereby irrevocably appoints 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 Property or any part thereof.

Further Assurances; After-Acquired Property. At any time time, and from time to time, upon request by Agentthe Mortgagee, the Mortgagor will make, execute and deliver or cause to be made, executed and delivered, to Agent the Mortgagee and, where appropriate, to cause to be recorded and/or filed and from time to time thereafter to be rerecorded re-recorded and/or refiled at such time and in such offices and places as shall be deemed reasonably desirable by Agent, the Mortgagee any and all such other and further mortgages, deeds of trust, security agreements, financing statements, notice filings, continuation statements, instruments of further assurance, certificates certificates, financing statements and other documents as may, in the opinion of Agentthe Mortgagee, be reasonably necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of the Mortgagor under the Guarantythis Mortgage, this Instrument, the other Loan Documents and the Hedge Documents lien and (b) security interest of this Instrument Mortgage as a first and prior lien upon and security interest in and to upon all of the Mortgaged Property, whether now owned or hereafter acquired by the Mortgagor. Upon any failure by the Mortgagor so to do, Agent the Mortgagee may make, execute, record, file, re-and record and/or refile any and all such mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, financing statements and documents for and in the name of the Mortgagor and and, the Mortgagor hereby irrevocably appoints Agent 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 Mortgaged Property or any part thereof.

Further Assurances; After-Acquired Property. At any time and from time to time, upon request by Agent, Mortgagor Grantor will make, execute and deliver or cause to be made, executed and delivered, to Trustee and Agent and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded and/or refiled at such time and in such offices and places as shall be deemed desirable by Agent, 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 Agent, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of Mortgagor Grantor under the Guaranty, this Instrument, the other Loan Documents and the Hedge Documents and (b) this Instrument as a first and prior lien upon and security interest in and to all of the Property, whether now owned or hereafter acquired by MortgagorGrantor. Upon any failure by Mortgagor Grantor so to do, Agent may make, execute, record, file, re-record and/or refile any and all such mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of Mortgagor Xxxxxxx and Mortgagor Grantor hereby irrevocably appoints 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 Property or any part thereof.

Further Assurances; After-Acquired Property. At any time time, and from time to time, upon request by AgentLender, Mortgagor Borrower will make, execute and deliver deliver, or cause to be made, executed and delivered, to Agent Lender and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded re-recorded and/or refiled at such time and in such offices and or places as shall be deemed desirable by AgentLender, any and all such other and further deeds to secure debt, mortgages, deeds of trust, security agreements, financing statements, notice filings, continuation statements, instruments instrument of further assurance, certificates and other documents as may, in the opinion of AgentLender, be necessary or desirable in order to effectuate, complete, complete or perfect, or to continue and preserve (ai) the obligation of Mortgagor Borrower under the Guaranty, Note and under this Instrument, the other Loan Documents and the Hedge Documents Deed and (bii) the security interest created by this Instrument Deed as a first and prior lien security interest upon and security interest title in and to all of the PropertyPremises, whether now owned or hereafter acquired by MortgagorBorrower. Upon any failure by Mortgagor Borrower so to do, Agent Lender may make, execute, record, file, re-record and/or refile any and all such mortgages, deeds of trustto secure debt, security agreements, financing statements, continuation statements, instruments, certificates, certificates and documents for and in the name of Mortgagor Borrower, and Mortgagor Borrower hereby irrevocably appoints Agent 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 Property Premises or any part thereof.

Further Assurances; After-Acquired Property. At any time and from time to time, upon request by AgentXxxxxx, Mortgagor Xxxxxxxxx will make, execute and deliver or cause to be made, executed and delivered, to Agent Lender and, where appropriate, cause to be recorded and/or filed and from time to time thereafter to be rerecorded and/or refiled at such time and in such offices and places as shall be deemed desirable by AgentLender, 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 AgentXxxxxx, be necessary or desirable in order to effectuate, complete, or perfect, or to continue and preserve (a) the obligation of Mortgagor under the Guaranty, this Instrument, the other Loan Documents Instrument and the Hedge Documents and Note, (b) this Instrument as a first and prior lien upon and security interest in and to all of the Property, whether now owned or hereafter acquired by MortgagorXxxxxxxxx. Upon any failure by Mortgagor Xxxxxxxxx so to do, Agent Xxxxxx may make, execute, record, file, re-record and/or refile any and all such mortgages, deeds of trust, security agreements, financing statements, continuation statements, instruments, certificates, and documents for and in the name of Mortgagor Xxxxxxxxx and Mortgagor Xxxxxxxxx hereby irrevocably appoints Agent 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 Property or any part thereof.