Common use of Grant of Deed of Trust Clause in Contracts

Grant of Deed of Trust.

Grant of Deed of Trust. on Real Property and Security Interest in Personal Property. To secure the payment of the Indebtedness and to secure the performance of the covenants, agreements and obligations of Mortgagor contained herein, in the Indenture and in all other security documents executed in accordance therewith, Mortgagor, for and in consideration of the premises and of the debts and trusts hereinafter mentioned, except to the extent that the same constitute Inventory or Receivables, has granted, bargained, sold, warranted, mortgaged, assigned, transferred and conveyed a security interest, and by these presents does grant, bargain, sell, warrant, mortgage, assign, transfer and convey and grant a security interest, unto the Trustee, for the use and benefit of Mortgagee with power of sale, all of Mortgagor's rights, titles, interests and estates, if any, in, to, under, derived from or with respect to all of the assets of Mortgagor, including without limitation the following described real and personal property, whether now owned or hereafter acquired: (a) the Subject Interests, the Subject Minerals and the Hydrocarbons; (b) the Contract Rights and the Production Sale Contracts; (c) the Equipment; (d) the Operating Equipment; (e) the Leases and the Lands; (f) the Pipelines; (g) the Pipeline Assets; (h) the Rights-of-Way and Franchises; (i) all unitization, communitization, operating agreements, pooling agreements and declarations of pooled units and the properties covered and the units created thereby (including all units formed under orders, regulations, rules or other official acts of any federal, state or other governmental agency providing for pooling or unitization, spacing orders or other well permits and other instruments) which relate to or affect all or any portion of the Subject Interests; (j) all contract rights, operating rights, general intangibles, chattel paper, documents and instruments arising under any of the foregoing, including without limitation, the Production Sale Contracts and all transmission contracts or other contracts now or hereafter in effect with respect to the Pipelines or the Pipeline Assets; (k) all subleases, farmout agreements, assignments of interests, assignments of operating rights, contracts, operating agreements, bidding agreements, advance payment agreements, rights-of-way, surface leases, franchises, servitudes, privileges, permits, licenses, easements, tenements, hereditaments, improvements, appurtenances and benefits now existing or in the future obtained and incident and appurtenant to any of the foregoing; (l) all lease records, well records, production records and accounting and other records and files which relate to any of the foregoing, and all maps, data bases, manuals, information and data which relate to any of the foregoing, including without limitation engineering, geological and geophysical data; (m) all income, revenues, rents, profits and proceeds arising out of the gathering, transportation, processing or sale of Hydrocarbons through the Pipelines and other accounts, contract rights, operating rights, general intangibles, chattel paper, documents, investment property and instruments arising under any of the foregoing, but expressly excluding therefrom Receivables; (n) any liens and security interests in the Subject Interests in favor of Mortgagor securing payment of proceeds from the sale of the Subject Minerals including, but not limited to, those liens and security interests provided for in Tex. Bus. & Com. Code Ann.