Common use of Grant and Mortgage Clause in Contracts

Grant and Mortgage. St. Mary Land & Exploration Company, a ------------------ Xxxxxare corporation ("Parent"), St. Mary Energy Company, a Delaware corporation ("Energy"), Nance Petrxxxxm Corporation, a Montana corporation ("Nance"), St. Xxxx Minerals Inc., a Colorado corporation ("Mineraxx"), Roswell, X.L.C., a Texas limited liability company ("Roswell"), St. Mary Operating Company, a Colorado corporation ("Operating"), and XXX Inc., a Colorado corporation ("NPC"; Parent, Energy, Nance, Minerals, Roswell, Operating and NPC being herein collxxxxxely called "Mortgagor" and Energy, Nance, Minerals, Roswell, Operating and NPC being herein sometimes xxxlectively called a "Subsidiary Mortgagor"), for and in consideration of the sum of Ten Dollars ($10.00) to Mortgagor in hand paid, and in order to secure the payment of the secured indebtedness hereinafter referred to and the performance of the obligations, covenants, agreements, warranties and undertakings of Mortgagor hereinafter described, does hereby (a) GRANT, BARGAIN, SELL, CONVEY, TRANSFER, ASSIGN AND SET OVER to Trustee (as hereinafter defined), and grant to Trustee a POWER OF SALE (pursuant to this Mortgage and applicable law) with respect to, those of the following described properties, rights and interests which are located in (or cover properties located in) the State of Nevada and to which the laws of any such state are applicable with respect to this Mortgage and/or the liens or security interests created hereby (the "Deed of Trust Mortgaged Properties"), and (b) MORTGAGE, ASSIGN, WARRANT, PLEDGE AND HYPOTHECATE to Agent (as defined in Section 1.3(a) below), and grant to Agent a POWER OF SALE (pursuant to this Mortgage and applicable law) with respect to, all of the following described rights, interests and properties which were not granted to Trustee in clause (a) above (including, without limitation, those of the following described properties, rights and interests which are located in (or cover properties located in ) the States of Colorado, Nevada, and South Dakota and to which the laws of any such state are applicable with respect to this Mortgage and/or the liens or security interests created hereby) (the "Other Mortgaged Properties"):

Grant and Mortgage. St. Mary Land & Exploration Company, a ------------------ Xxxxxare corporation The parties listed on the cover page hereof constituting Mortgagor ("Parent"herein individually and collectively called “Mortgagor”), St. Mary Energy Company, a Delaware corporation ("Energy"), Nance Petrxxxxm Corporation, a Montana corporation ("Nance"), St. Xxxx Minerals Inc., a Colorado corporation ("Mineraxx"), Roswell, X.L.C., a Texas limited liability company ("Roswell"), St. Mary Operating Company, a Colorado corporation ("Operating"), and XXX Inc., a Colorado corporation ("NPC"; Parent, Energy, Nance, Minerals, Roswell, Operating and NPC being herein collxxxxxely called "Mortgagor" and Energy, Nance, Minerals, Roswell, Operating and NPC being herein sometimes xxxlectively called a "Subsidiary Mortgagor")whose mailing address is provided on the signature page hereto, for and in consideration of the sum of Ten Dollars ($10.00) to Mortgagor in hand paid, and in order to secure the payment of the secured indebtedness hereinafter referred to described and the performance of the obligations, covenants, agreements, warranties and undertakings of Mortgagor hereinafter described, does hereby hereby: (a) with respect to those of the following described properties, rights, and interests which are located in (or cover properties located in) the States of California, New Mexico, Texas, and Xxxxxxxx XXXXX, BARGAIN, SELL, CONVEY, TRANSFER, ASSIGN AND SET OVER to XXXXX X. XXXXXX (together with any successors and substitutes hereunder, the “Multistate Trustee”), in trust for the benefit of and security of the Administrative Agent (as hereinafter defined) and the Secured Parties; (b) with respect to those of the following described properties, rights, and interests which are located in (or cover properties located in) the State of Missouri GRANT, BARGAIN, SELL, CONVEY, CONFIRM, TRANSFER, ASSIGN AND SET OVER to XXX X. XXXXX (together with any successors and substitutes hereunder, the “Missouri Trustee”), in trust for the benefit of and security of the Administrative Agent and the Secured Parties; (c) with respect to those of the following described properties, rights, and interests which are located in (or cover properties located in) the State of Montana GRANT, BARGAIN, SELL, CONVEY, TRANSFER, ASSIGN AND SET OVER to Trustee FMT of Billings, LLC (as hereinafter definedtogether with any successors and substitutes hereunder, the “Montana Trustee”), in trust for the benefit of and grant to Trustee a POWER OF SALE security of the Administrative Agent and the Secured Parties; (pursuant to this Mortgage and applicable lawd) with respect to, to those of the following described properties, rights rights, and interests which are located in (or cover properties located in) the State of Nebraska GRANT, BARGAIN, SELL, CONVEY, TRANSFER, ASSIGN AND SET OVER to CHICAGO TITLE INSURANCE COMPANY (together with any successors and substitutes hereunder, “Nebraska Trustee”), in trust for the benefit of and security of the Administrative Agent and the Secured Parties; (e) with respect to those of the following described properties, rights, and interests which are located in (or cover properties located in) the State of Nevada GRANT, BARGAIN, SELL, CONVEY, TRANSFER, ASSIGN AND SET OVER to Xxxxx Xxxx (together with any successors and to which the laws of any such state are applicable substitutes hereunder, “Nevada Trustee”) (f) with respect to this Mortgage and/or those of the liens following described properties, rights, and interests which are located in (or cover properties located in) the State of Tennessee GRANT, BARGAIN, SELL, CONVEY, TRANSFER, ASSIGN AND SET OVER to XXXXXX X. XXXX, XX. (together with any successors and substitutes hereunder, the “Tennessee Trustee”) in trust for the benefit of and security of the Administrative Agent and the Secured Parties; (g) with respect to those of the following described properties, rights, and interests created hereby which are located in (or cover properties located in) the "State of Utah CONVEY AND WARRANT to METRO NATIONAL TITLE (together with any successors and substitutes hereunder, the “Utah Trustee”) in trust for the benefit of and security of the Administrative Agent and the Secured Parties; (h) with respect to those of the following described properties, rights, and interests which are located in (or cover properties located in) the State of Washington GRANT, BARGAIN, SELL, CONVEY, TRANSFER, ASSIGN AND SET OVER to Inland Professional Title, LLC-------------------------, in trust for the benefit of and security of the Administrative Agent (together with any successors and substitutes hereunder, the “Washington Trustee”) in trust for the benefit of and security of the Administrative Agent and the Secured Parties (collectively, the Multistate Trustee, the Missouri Trustee, the Montana Trustee, the Nebraska Trustee, the Nevada Trustee, the Tennessee Trustee, the Utah Trustee, and the Washington Trustee are herein called, “Trustee,” the address of each Trustee being set forth on the signature page hereto) (all such properties, rights, and interests which are located in (or cover properties located in) the States of California, Missouri, Montana, Nebraska, Nevada, New Mexico, Texas, Tennessee, Utah, Virginia and Washington are herein called the “Deed of Trust Mortgaged Properties"”), ; (i) grant to Trustee a POWER OF SALE (pursuant to this Mortgage and as allowed by any applicable Requirement of Law) with respect to the Deed of Trust Mortgaged Properties; (bj) MORTGAGEMORTGAGE AND WARRANT, ASSIGN, WARRANTPLEDGE, PLEDGE HYPOTHECATE, GRANT, BARGAIN, SELL, CONVEY AND HYPOTHECATE CONFIRM to Xxxxx Fargo Bank, National Association, as the Administrative Agent (as defined in Section 1.3(a“Administrative Agent”) below)and the Secured Parties, and grant to Administrative Agent a POWER OF SALE (pursuant to this Mortgage and to the extent allowed by any applicable lawRequirement of Law) with respect to, all of the following described rights, interests and properties which were not granted are located in (or cover properties located in) the States of Arkansas, Colorado, Idaho, Illinois, Indiana, Kansas, Michigan, New Jersey, Ohio, Pennsylvania and Oklahoma (the “Other Mortgaged Properties”); and (k) GRANT, BARGAIN, SELL and CONVEY to Trustee in clause (a) above (including, without limitation, those the Administrative Agent all of the following described propertiesrights, rights interests and interests properties which are located in (or cover properties located in in) the States State of Colorado, Nevada, and South Dakota and to which the laws of any such state are applicable with respect to this Mortgage and/or the liens or security interests created hereby) Georgia (the "Other Mortgaged Properties"“Georgia Secured Property”):

Grant and Mortgage. St. Mary Land & Exploration Company, a ------------------ Xxxxxare Xxxxxxre corporation ("Parent"), St. Mary Energy Company, a Delaware corporation ("Energy"), Nance Petrxxxxm Petroxxxx Corporation, a Montana corporation ("Nance"), St. Xxxx Minerals Inc., a Colorado corporation ("Mineraxx"), Roswell, X.L.C., a Texas limited liability company ("Roswell"), St. Mary Operating Company, a Colorado corporation ("Operating"), and XXX Inc.Xnc., a Colorado corporation ("NPC"); Parent, EnergyExxxxx, Nance, Minerals, Roswell, Operating Nance and NPC being herein collxxxxxely collectively called "Mortgagor" and EnergyEnexxx, Nance, Minerals, Roswell, Operating Nance and NPC being herein sometimes xxxlectively collectively called a "Subsidiary Sxxxxxiary Mortgagor"), for and in consideration of the sum of Ten Dollars ($10.00) to Mortgagor in hand paid, and in order to secure the payment of the secured indebtedness hereinafter referred to and the performance of the obligations, covenants, agreements, warranties and undertakings of Mortgagor hereinafter described, does hereby (a) GRANT, BARGAIN, SELL, CONVEY, TRANSFER, ASSIGN AND SET OVER to Trustee (as hereinafter defined), and grant to Trustee a POWER OF SALE (pursuant to this Mortgage and applicable law) with respect to, those of the following described properties, rights and interests which are located in (or cover properties located in) the State of Nevada Texas or which are located within (or cover properties located within) the offshore area over which the United States of America asserts jurisdiction and to which the laws of any such state are applicable with respect to this Mortgage and/or the liens or security interests created hereby (the "Deed of Trust Mortgaged Properties"), and (b) MORTGAGE, ASSIGN, WARRANT, PLEDGE AND HYPOTHECATE to Agent (as defined in Section 1.3(a) below), and grant to Agent a POWER OF SALE (pursuant to this Mortgage and applicable law) with respect to, all of the following described rights, interests and properties which were not granted to Trustee in clause (a) above (including, without limitation, those of the following described properties, rights and interests which are located in (or cover properties located in ) the States of ColoradoLouisiana, NevadaMontana, and South Dakota North Dakota, Oklahoma or Wyoming or which are located within (or cover properties located within) the offshore area over which the United States of America asserts jurisdiction and to which the laws of any such state are applicable with respect to this Mortgage and/or the liens or security interests created hereby) (the "Other Mortgaged Properties"):

Grant and Mortgage. St. Mary Land & Exploration Company, a ------------------ Xxxxxare corporation ("Parent"), St. Mary Energy Company, a Delaware corporation ("Energy"), Nance Petrxxxxm Corporation, a Montana corporation ("Nance"), St. Xxxx Minerals Inc., a Colorado corporation ("Mineraxx"), Roswell, X.L.C., a Texas limited liability company ("Roswell"), St. Mary Operating Company, a Colorado corporation ("Operating"), and XXX xxx NPC Inc., a Colorado corporation ("NPC"); Parent, Energy, Nance, Minerals, Roswell, Operating and NPC being herein collxxxxxely collectxxxxx called "Mortgagor" and Energy, Nance, Minerals, Roswell, Operating and NPC being herein sometimes xxxlectively sometxxxx collectively called a "Subsidiary Mortgagor"), for and in consideration of the sum of Ten Dollars ($10.00) to Mortgagor in hand paid, and in order to secure the payment of the secured indebtedness hereinafter referred to and the performance of the obligations, covenants, agreements, warranties and undertakings of Mortgagor hereinafter described, does hereby (a) GRANT, BARGAIN, SELL, CONVEY, TRANSFER, ASSIGN AND SET OVER to Trustee (as hereinafter defined), and grant to Trustee a POWER OF SALE (pursuant to this Mortgage and applicable law) with respect to, those of the following described properties, rights and interests which are located in (or cover properties located in) the State of Nevada Texas or the State of Utah or which are located within (or cover properties located within) the offshore area over which the United States of America asserts jurisdiction and to which the laws of any such state are applicable with respect to this Mortgage and/or the liens or security interests created hereby (the "Deed of Trust Mortgaged Properties"), and (b) MORTGAGE, ASSIGN, WARRANT, PLEDGE AND HYPOTHECATE to Agent (as defined in Section 1.3(a) below), and grant to Agent a POWER OF SALE (pursuant to this Mortgage and applicable law) with respect to, all of the following described rights, interests and properties which were not granted to Trustee in clause (a) above (including, without limitation, those of the following described properties, rights and interests which are located in (or cover properties located in ) the States of ColoradoLouisiana, NevadaMontana, and South Dakota New Mexico, North Dakota, Oklahoma or Wyoming or which are located within (or cover properties located within) the offshore area over which the United States of America asserts jurisdiction and to which the laws of any such state are applicable with respect to this Mortgage and/or the liens or security interests created hereby) (the "Other Mortgaged Properties"):

Grant and Mortgage. St. Mary Land Xxxx Xxxx & Exploration Company, a ------------------ Xxxxxare corporation ("Parent"), St. Mary Energy Company, a Delaware corporation ("Energy"), Nance Petrxxxxm Corporation, a Montana corporation ("Nance"), St. Xxxx Minerals Inc., a Colorado corporation ("Mineraxx"), Roswell, X.L.C., a Texas limited liability company ("Roswell"), St. Mary Operating “Company, a Colorado corporation ("Operating"), ” and XXX Inc., a Colorado corporation ("NPC"; Parent, Energy, Nance, Minerals, Roswell, Operating and NPC being herein collxxxxxely called "“Mortgagor" and Energy, Nance, Minerals, Roswell, Operating and NPC being herein sometimes xxxlectively called a "Subsidiary Mortgagor"”), for and in consideration of the sum of Ten Dollars ($10.00) to Mortgagor in hand paid, and in order to secure the payment of the secured indebtedness hereinafter referred to and the performance of the obligations, covenants, agreements, warranties and undertakings of Mortgagor hereinafter described, does hereby (a) GRANT, BARGAIN, SELL, CONVEY, TRANSFER, ASSIGN AND SET OVER to Trustee (as hereinafter defined), and grant to Trustee a POWER OF SALE (pursuant to this Mortgage and applicable law) with respect to, those of the following described properties, rights and interests which are located in (or cover properties located in) the State of Nevada Texas or which are located within (or cover properties located within) the offshore area over which the United States of America asserts jurisdiction and to which the laws of any such state are applicable with respect to this Mortgage and/or the liens or security interests created hereby (the "“Deed of Trust Mortgaged Properties"”), and (b) MORTGAGE, ASSIGN, WARRANT, PLEDGE AND HYPOTHECATE to Agent (as defined in Section 1.3(a) below), and grant to Agent a POWER OF SALE (pursuant to this Mortgage and applicable law) with respect to, all of the following described rights, interests and properties which were not granted to Trustee in clause (a) above (including, without limitation, those of the following described properties, rights and interests which are located in (or cover properties located in in) the States of Colorado, NevadaLouisiana, and South Dakota Montana, New Mexico, North Dakota, Oklahoma or Wyoming or which are located within (or cover properties located within) the offshore area over which the United States of America asserts jurisdiction and to which the laws of any such state are applicable with respect to this Mortgage and/or the liens or security interests created hereby) (the "“Other Mortgaged Properties"”):

Grant and Mortgage. St. Mary Land & Exploration Company, a ------------------ Xxxxxare corporation CHESAPEAKE EXPLORATION LIMITED PARTNERSHIP ("Parent"), St. Mary Energy Company, a Delaware corporation ("Energy"), Nance Petrxxxxm Corporation, a Montana corporation ("Nance"), St. Xxxx Minerals Inc., a Colorado corporation ("Mineraxx"), Roswell, X.L.C., a Texas limited liability company ("Roswell"), St. Mary Operating Company, a Colorado corporation ("Operating"), and XXX Inc., a Colorado corporation ("NPC"; Parent, Energy, Nance, Minerals, Roswell, Operating and NPC being herein collxxxxxely called "Mortgagor" and Energy, Nance, Minerals, Roswell, Operating and NPC being herein sometimes xxxlectively called a "Subsidiary Mortgagor"), for and in consideration of the sum of Ten Dollars ($10.00) to Mortgagor in hand paid, and in order to secure the payment of the secured indebtedness hereinafter referred to and the performance of the obligations, covenants, agreements, warranties and undertakings of Mortgagor hereinafter described, does hereby (a) GRANT, BARGAIN, SELL, CONVEY, TRANSFER, ASSIGN AND SET OVER to Trustee Carx Xxxxxxxx, Xrustee (as hereinafter definedthe "Trustee"), and grant to Trustee a POWER OF SALE (pursuant to this Mortgage and applicable law) with respect to, those of the following described properties, rights and interests which are located in (or cover properties located in) the State state of Nevada Texas or which are located within (or cover properties located within) the offshore area over which the United States of America asserts jurisdiction and to which the laws of any such state Texas are applicable with respect to this Mortgage and/or the liens or security interests created hereby (the "Deed of Trust Mortgaged Properties"), and (b) MORTGAGE, ASSIGN, WARRANT, PLEDGE AND HYPOTHECATE to Agent (as hereinafter defined in Section 1.3(a) below)), and grant to Agent a POWER OF SALE (pursuant to this Mortgage and applicable law) with respect to, all of the following described rights, interests and properties (including, without limitation, those located in (or cover properties located in) the states of Arkansas, Kansas, Montana, New Mexico, North Dakota and Oklahoma) which were not granted to Trustee in clause (a) above (including, without limitation, those of the following described properties, rights and interests which are located in (or cover properties located in ) the States of Colorado, Nevada, and South Dakota and to which the laws of any such state are applicable with respect to this Mortgage and/or the liens or security interests created hereby) (the "Other Mortgaged Properties"):

Grant and Mortgage. St. Mary Land Black Ridge Oil & Exploration CompanyGas, a ------------------ Xxxxxare corporation ("Parent"), St. Mary Energy CompanyInc., a Delaware corporation ("Energy"), Nance Petrxxxxm Corporation, a Montana corporation ("Nance"), St. Xxxx Minerals Inc., a Colorado corporation ("Mineraxx"), Roswell, X.L.C., a Texas limited liability company ("Roswell"), St. Mary Operating Company, a Colorado corporation ("Operating"), and XXX Inc., a Colorado corporation ("NPC"; Parent, Energy, Nance, Minerals, Roswell, Operating and NPC being herein collxxxxxely called "“Mortgagor" and Energy, Nance, Minerals, Roswell, Operating and NPC being herein sometimes xxxlectively called a "Subsidiary Mortgagor"”), for and in consideration of the sum of Ten Million and 00/100 Dollars ($10.0010,000,000.00) to Mortgagor in hand paidpaid and for other good and valuable consideration received, and in order to secure the payment of the secured indebtedness hereinafter herein referred to and the performance of the obligations, covenants, agreements, warranties and undertakings of Mortgagor hereinafter herein described, does hereby (a) GRANT, BARGAIN, SELL, CONVEYASSIGN, TRANSFERMORTGAGE, ASSIGN WARRANT, TRANSFER AND SET OVER CONVEY to Trustee Xxxxxxxxx Funding LLC (as hereinafter defined“Mortgagee”), and grant to Trustee a POWER OF SALE (pursuant to this Mortgage and applicable law) with respect to, those of the following described properties, rights rights, and interests which (the “Mortgaged Properties”), SAVE and EXCEPT the Excluded Properties (as herein defined) located on any Mortgaged Properties: The oil, gas or other mineral leases, properties, mineral servitudes and mineral rights that are located described in Exhibit A attached hereto and made a part hereof; Without limitation of the foregoing, all other right, title and interest of Mortgagor of whatever kind or character (whether now owned or cover properties located inhereafter acquired by agreement or operation of law or otherwise) in and to (i) the State of Nevada leases or other agreements described in Exhibit A hereto, together with all renewals, extensions, substitutions, ratifications, supplements and replacements thereto, (ii) any other leases or agreements which cover or pertain to which the laws of any lands described or referred to in Exhibit A, even if such state leases or other agreements are applicable not described or are incorrectly or insufficiently described on Exhibit A, together with respect to this Mortgage and/or the liens or security interests created hereby (the "Deed of Trust Mortgaged Properties")all renewals, extensions, substitutions, ratifications, supplements and replacements thereto, and (biii) MORTGAGE, ASSIGN, WARRANT, PLEDGE AND HYPOTHECATE the lands described or referred to Agent in Exhibit A (as defined or described or referred to in Section 1.3(a) belowany of the instruments described or referred to in Exhibit A), and grant in each case without regard to Agent a POWER OF SALE (pursuant any limitations as to this Mortgage and applicable law) with respect to, all specific lands or depths that may be set forth in Exhibit A hereto or in any of the following leases or other agreements described in Exhibit A hereto; All of Mortgagor’s rights, titles and interests (whether now owned or hereafter acquired by agreement or operation of law or otherwise) in, to or under all presently existing and properties which were not granted hereafter created oil, gas or mineral unitization, pooling or communitization agreements, declarations or orders, and in and to Trustee in clause (a) above (including, without limitation, those of the following described properties, rights and interests covered and the units created thereby (including units formed under orders, rules, regulations or other official acts of any federal, state or other authority having jurisdiction), which cover, affect or otherwise relate to the properties, rights and interests described in clauses A or B above; All of Mortgagor’s rights, titles and interests (whether now owned or hereafter acquired by agreement or operation of law or otherwise) in, to or under all presently existing and hereafter created operating agreements, equipment leases, production sales contracts, purchase, exchange and processing contracts and agreements, transportation agreements, utility agreement, gathering agreements, gas balancing agreements, farm-out or farm-in agreements, salt water disposal agreements, area of mutual interest agreements, licenses, permits, and other contracts, agreements or regulatory approvals which cover, affect, or otherwise relate to the properties, rights and interests described in clauses A, B or C above or to the operation of such properties, rights and interests or to the production, exchange, treating, handling, storage, processing, transporting sale, purchase, or marketing of oil, gas, other hydrocarbons, or other minerals produced from (or allocated to) such properties, rights and interests (including those contracts listed in Exhibit A hereto), as same may be amended or supplemented from time to time; All of Mortgagor’s rights, titles and interests (whether now owned or hereafter acquired by agreement or operation of law or otherwise) in, to and under all improvements, facilities, infrastructure, equipment, fixtures, and other real, immovable, personal or immovable property (including all platforms, xxxxx, pumping units, wellhead equipment, tanks, pipelines, flow lines, gathering lines, compressors, dehydration units, separators, meters, buildings, injection facilities, salt water disposal facilities, and power, telephone and telegraph lines), and all fee interests, easements, servitudes, rights-of-way, surface leases, licenses, permits and other surface rights, which are located now or hereafter used, or held for use, in connection with the properties, rights and interests described in clauses A, B, C or D above, or in connection with the operation of such properties, rights and interests, or in connection with the treating, handling, storing, processing, transporting or marketing of oil, gas, other hydrocarbons, or other minerals produced from (or cover properties allocated to) such properties, rights and interests; and All of Mortgagor’s rights, estates, powers and privileges appurtenant to any of the foregoing. Notwithstanding any provision in this Mortgage to the contrary, in no event is (a) any Building (as defined in the applicable Flood Insurance Regulation) or Manufactured (Mobile) Home (as defined in the applicable Flood Insurance Regulation), which is located within an area having special flood hazards and in which flood insurance is available under the National Flood Insurance Act of 1968, or (b) any interest held by Mortgagor in and to the surface of the lands underlying said Building or Manufactured (Mobile) Home, insofar and only insofar as such lands lie directly below said Building or Manufactured (Mobile) Home (such Buildings, Manufactured (Mobile) Homes and lands are collectively referred to herein as, the “Excluded Properties”), included in the definition of “Mortgaged Properties”, and no Excluded Properties are encumbered by this Mortgage. As used herein, “Flood Insurance Regulations” shall mean (i) the States National Flood Insurance Act of Colorado1968 as now in effect, Nevada(ii) the Flood Disaster Protection Act of 1973 as now in effect, (iii) the National Flood Insurance Reform Act of 1994 (amending 42 USC 4001, et seq.), as now in effect, and South Dakota (iv) the Flood Insurance Reform Act of 2004 as now in effect. Any fractions or percentages specified on attached Exhibit A in referring to the Mortgagor’s interests are solely for purposes of the warranties made by the Mortgagor pursuant to ARTICLE II hereof and to which shall in no manner limit the laws quantum of any such state are applicable interest affected by this Section 1.1 with respect to this Mortgage and/or any Mortgaged Property. TO HAVE AND TO HOLD the liens Mortgaged Properties unto Mortgagee, and its successors and assigns, upon the terms, provisions and conditions herein set forth. Mortgagor will warrant and defend title to the Property (as herein defined) against the claims and demands of all Persons claiming or to claim the same or any part thereof, free and clear of all liens, security interests created hereby) interests, and encumbrances except for “Permitted Interests” (as defined in the "Other Mortgaged Properties"):Credit Agreement referred to below, and herein so called).