Common use of Note, Loan Documents, Other Obligations Clause in Contracts

Note, Loan Documents, Other Obligations. This Mortgage is made to secure and enforce the payment and performance of the following promissory notes, obligations, indebtedness and liabilities: (a) A Promissory Note (Revolving Line of Credit Note) dated as of the Effective Date having an original principal commitment amount of $8,000,000.00 executed by Grantor and payable to the order of West Texas State Bank (“Lender”) on or before September 30, 2015, bearing interest as therein provided, and containing a provision for the payment of a reasonable additional amount as attorneys’ fees, and all other notes given in substitution or replacement therefor or in modification, renewal or extension thereof, in whole or in part (as from time to time supplemented, amended, or modified and all other notes given in substitution or replacement therefor, or in modification, renewal or extension thereof, in whole or in part, being hereinafter called the “Note” and Lender and each subsequent holder of the Note or any part thereof or interest therein, or any of the other secured indebtedness being herein called “Noteholder”); (b) All indebtedness and other obligations owed to Noteholder now or hereafter incurred or arising pursuant to or permitted by the provisions of the Note, the Loan Agreement as set out below, this Mortgage or any other instrument now or hereafter evidencing, governing, guaranteeing or securing the secured indebtedness or any part thereof or otherwise executed in connection with the loan evidenced or governed by the Note or the Loan Agreement (the Note, the Loan Agreement, this Mortgage and such other instruments being herein sometimes collectively called the “Loan Documents”); and (c) All other loans and future advances made by Noteholder to Grantor and all other debts, obligations and liabilities of Grantor of every kind and character now or hereafter existing in favor of Noteholder, whether direct or indirect, primary or secondary, joint or several, fixed or contingent, and whether originally payable to Noteholder or to a third party and subsequently acquired by Noteholder, including, without limitation, all obligations of Grantor to Noteholder in connection with letters of credit issued by Noteholder at the application of Grantor, it being contemplated that Grantor may hereafter become indebted to Noteholder for such further debts, obligations and liabilities. Section 1.4

Note, Loan Documents, Other Obligations. This Mortgage Security Instrument is made to secure and enforce the payment and performance of the following promissory notes, obligations, indebtedness and liabilitiesliabilities and all renewals, extensions, supplements, increases, and modifications thereof in whole or in part from time to time: (a) A the Promissory Note (Revolving Line of Credit Note) dated as of the Effective Date having an original principal commitment amount of $8,000,000.00 executed by Grantor and payable to the order of West Texas State Bank (“Lender”) on or before September 30, 2015, bearing interest as therein provided, and containing a provision for the payment of a reasonable additional amount as attorneys’ fees, and all other notes given in substitution or replacement therefor or in modification, supplement, increase, renewal or extension thereof, in whole or in part (such note or notes, whether one or more, as from time to time renewed, extended, supplemented, amended, increased or modified and all other notes given in substitution or replacement therefor, or in modification, renewal or extension thereof, in whole or in part, being hereinafter called the “"Note” and Lender and each subsequent holder of the Note or any part thereof or interest therein, or any of the other secured indebtedness being herein called “Noteholder”"); (b) All all indebtedness and other obligations owed by Borrower to Noteholder Lender, or any affiliate of Lender, now or hereafter incurred or arising pursuant to or permitted by the provisions of the Note, this Security Instrument, the Loan Environmental Indemnity Agreement as set out below(the "Environmental Agreement") of even date herewith between Borrower and Lender, this Mortgage or any other instrument document now or hereafter evidencing, governing, guaranteeing or guaranteeing, securing the secured indebtedness or any part thereof or otherwise executed in connection with the loan evidenced by the Note, including but not limited to any loan or governed credit agreement, tri-party financing agreement, purchase and sale agreement with respect to the Property or other agreement between Borrower and Lender, or among Borrower, Lender and any other party or parties, pertaining to the repayment or use of the proceeds of the loan evidenced by the Note or the Loan Agreement (the Note, this Security Instrument, the Loan Agreement, this Mortgage Environmental Agreement and such other instruments documents, as they or any of them may have been or may be from time to time renewed, extended, supplemented, increased or modified, being herein sometimes collectively called the “"Loan Documents”"); and (c) All all other loans and future advances made by Noteholder Lender to Grantor Borrower and all other debts, obligations and liabilities of Grantor Borrower of every kind and character now or hereafter existing in favor of NoteholderLender, however and whenever incurred, whether direct or indirect, primary or secondary, joint or several, fixed or contingent, secured or unsecured, and whether originally payable to Noteholder Lender or to a third party and subsequently acquired by NoteholderLender; provided, includinghowever, without limitationand notwithstanding the foregoing provisions of this clause (c), all obligations this Security Instrument shall not secure any such other loan, advance, debt, obligation or liability with respect XXXXX/ORANGE COUNTY ASSOCIATES DEED OF TRUST PAGE 4 to which Lender is by applicable law prohibited from obtaining a lien or security title on real estate nor shall this clause (c) operate or be effective to constitute or require any assumption or payment by any person, in any way, of Grantor any debt of any other person to Noteholder the extent that the same would violate or exceed the limit provided in connection with letters of credit issued by Noteholder at any applicable usury or other law. The indebtedness referred to in this Section 1.4 is hereinafter sometimes referred to as the application of Grantor, it being contemplated that Grantor may hereafter become indebted to Noteholder for such further debts, obligations and liabilities. Section 1.4"secured indebtedness" or the "indebtedness secured hereby."

Note, Loan Documents, Other Obligations. This Mortgage --------------------------------------- is made to secure and enforce the payment and performance of the following promissory notes, obligations, indebtedness and liabilitiesliabilities and all renewals, extensions, supplements, increases, and modifications thereof in whole or in part from time to time: (a) A the Promissory Note (Revolving Line of Credit Note) dated as of the Effective Date having an original principal commitment amount of $8,000,000.00 executed by Grantor and payable to the order of West Texas State Bank (“Lender”) on or before September 30, 2015, bearing interest as therein provided, and containing a provision for the payment of a reasonable additional amount as attorneys’ fees, and all other notes given in substitution or replacement therefor or in modification, supplement, increase, renewal or extension thereof, in whole or in part (such note or notes, whether one or more, as from time to time renewed, extended, supplemented, amended, increased or modified and all other notes given in substitution or replacement therefor, or in modification, renewal or extension thereof, in whole or in part, being hereinafter called the “"Note” and Lender and each subsequent holder of the Note or any part thereof or interest therein, or any of the other secured indebtedness being herein called “Noteholder”"); ---- (b) All all indebtedness and other obligations owed by Mortgagor to Noteholder Mortgagee, now or hereafter incurred or arising pursuant to or permitted by the provisions of the Note, the Loan Agreement as set out belowthis Mortgage, this Mortgage or any of the other instrument now or hereafter evidencing, governing, guaranteeing or securing the secured indebtedness or any part thereof or otherwise executed in connection with the loan evidenced or governed by the Note or the Loan Agreement (the Note, the Loan Agreement, this Mortgage and such other instruments being herein sometimes collectively called the “Loan Documents”); and (c) All all other loans and future advances (such future advances to be made up to a maximum principal amount of indebtedness outstanding at any one time equal to double the face amount of the Note plus all interest, costs, reimbursements, fees and expenses due under this Mortgage) made by Noteholder Mortgagee to Grantor Mortgagor and all other debts, obligations and liabilities of Grantor Mortgagor of every kind and character now or hereafter existing in favor of NoteholderMortgagee, however and whenever incurred, whether direct or indirect, primary or secondary, joint or several, fixed or contingent, secured or unsecured, and whether originally payable to Noteholder Mortgagee or to a third party and subsequently acquired by NoteholderMortgagee; provided, includinghowever, without limitationand notwithstanding the foregoing provisions of this clause (c), all obligations this Mortgage shall not secure any such other loan, advance, debt, obligation or liability with respect to which Mortgagee is by applicable law prohibited from obtaining a lien or security title on real estate nor shall this clause (c) operate or be effective to constitute or require any assumption or payment by any person, in any way, of Grantor any debt of any other person to Noteholder the extent that the same would violate or exceed the limit provided in connection with letters of credit issued by Noteholder at any applicable usury or other law. The indebtedness referred to in this Section 1.4 is hereinafter sometimes referred to as the application of Grantor, it being contemplated that Grantor may hereafter become indebted to Noteholder for such further debts, obligations and liabilities. Section 1.4"secured indebtedness" or the "indebtedness secured hereby." -------------------- ---------------------------

Note, Loan Documents, Other Obligations. This Mortgage is --------------------------------------- made to secure and enforce the payment and performance of the following promissory notes, obligations, indebtedness and liabilitiesliabilities and all renewals, extensions, supplements, increases, and modifications thereof in whole or in part from time to time: (a) A the Promissory Note (Note, the Amended and Restated Revolving Line of Credit Note) dated as of the Effective Date having an original principal commitment amount of $8,000,000.00 executed by Grantor and payable to the order of West Texas State Bank (“Lender”) on or before September 30, 2015, bearing interest as therein provided, and containing a provision for the payment of a reasonable additional amount as attorneys’ fees, and all other notes given in substitution or replacement therefor or in modification, supplement, increase, renewal or extension thereof, in whole or in part (such note or notes, whether one or more, as from time to time renewed, extended, supplemented, amended, increased or modified and all other notes given in substitution or replacement therefor, or in modification, renewal or extension thereof, in whole or in part, being hereinafter called the “"Note” and Lender and each subsequent holder of the Note or any part thereof or interest therein, or any of the other secured indebtedness being herein called “Noteholder”"); (b) All all indebtedness and ---- other obligations owed by Mortgagor to Noteholder Mortgagee now or hereafter incurred or arising pursuant to or permitted by the provisions of the Note, the Loan Agreement as set out belowthis Mortgage, this Mortgage or any other instrument document now or hereafter evidencing, governing, guaranteeing or guaranteeing, securing the secured indebtedness or any part thereof or otherwise executed in connection with the loan evidenced by the Note, including but not limited to any tri-party financing agreement or governed other agreement between Mortgagor and Mortgagee, or among Mortgagor, Mortgagee and any other party or parties, pertaining to the repayment or use of the proceeds of the loan evidenced by the Note or the Loan Agreement (the Note, the Loan Agreement, this Mortgage and such other instruments documents, as they or any of them may have been or may be from time to time renewed, extended, supplemented, increased or modified, being herein sometimes collectively called the “"Loan Documents”"); and (c) All all other loans and future -------------- advances made by Noteholder Mortgagee to Grantor Mortgagor and all other debts, obligations and liabilities of Grantor Mortgagor of every kind and character now or hereafter existing in favor of NoteholderMortgagee, however and whenever incurred, whether direct or indirect, primary or secondary, joint or several, fixed or contingent, secured or unsecured, and whether originally payable to Noteholder Mortgagee or to a third party and subsequently acquired by Noteholder, including, without limitation, all obligations of Grantor to Noteholder in connection with letters of credit issued by Noteholder at the application of GrantorMortgagee, it being contemplated that Grantor Mortgagor may hereafter become indebted to Noteholder Mortgagee for such further debts, obligations and liabilities; provided, however, and notwithstanding the foregoing provisions of this clause (c), this Mortgage shall not secure any such other loan, advance, debt, obligation or liability with respect to which Mortgagee is by applicable law prohibited from obtaining a lien or security title on real estate nor shall this clause (c) operate or be effective to constitute or require any assumption or payment by any person, in any way, of any debt of any other person to the extent that the same would violate or exceed the limit provided in any applicable usury or other law. The indebtedness referred to in this Section 1.41.5 is hereinafter sometimes referred to as the "secured indebtedness" or the -------------------- "indebtedness secured hereby." The maximum aggregate amount of the indebtedness --------------------------- secured hereby shall not exceed Twenty Six Million Seven Hundred Twenty Five Thousand Dollars ($26,725,000.00).

Note, Loan Documents, Other Obligations. This Mortgage is made to secure and enforce the payment and performance of the following promissory notes, obligations(a) all Obligations, indebtedness and liabilities: (a) A Promissory Note (Revolving Line other obligations and liabilities of Credit Note) dated as Borrower, any other Loan Party or other Group Member now or hereafter incurred or arising pursuant to the provisions of the Effective Date having an original Credit Agreement, the Guarantee and Collateral Agreement and the other Loan Documents, whether now in existence or hereafter arising, whether by acceleration or otherwise, including, without limitation, (i) those certain revolving credit loans in the maximum aggregate stated principal commitment amount of $8,000,000.00 executed 400,000,000, which revolving credit loans may be evidenced by Grantor and payable notes issued from time to time pursuant to the order of West Texas State Bank (“Lender”) Credit Agreement, and which revolving credit loans are payable on or before September 30June 28, 20152018, bearing interest unless otherwise extended pursuant to the Credit Agreement, as therein providedfrom time to time amended, and containing a provision for the payment of a reasonable additional amount as attorneys’ feessupplemented, restated, increased or otherwise modified, and all other notes given in substitution or replacement therefor or in modification, renewal or extension thereof, in whole or in part (as from time to time supplemented, amended, or modified and all other notes given in substitution or replacement therefor, or in modification, renewal or extension thereof, in whole or in part, such revolving credit loans being hereinafter called subject to increase up to an aggregate amount of $500,000,000 under the terms of the Credit Agreement (as from time to time amended, supplemented, restated, increased or otherwise modified, and all other notes given in substitution therefor, or in modification, renewal or extension thereof, in whole or in part, the “Note” and Lender and each subsequent holder Notes”); (ii) all additional loans or advances made by Administrative Agent or the Lenders to or for the benefit of the Note Borrower or any part thereof Subsidiary of Borrower pursuant to the Credit Agreement or any other Loan Document (it being contemplated that the Lenders may lend additional sums to Borrower or any Subsidiary of Borrower pursuant to the Credit Agreement from time to time, but shall not be obligated to do so, and Mortgagor agrees that the payment of any such additional loans shall be secured by this Mortgage), (iii) all interest therein(including, without limitation, interest accruing at any post-default rate and interest accruing after the filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like proceeding, whether or not a claim for post-filing or post-petition interest is allowed in such proceeding), fees, premiums, costs (including costs of collection), expenses, penalties, indemnities, reasonable legal and other fees, and all other reasonable amounts which may now or hereafter be owed to the Administrative Agent, the Issuing Lenders, the Arrangers, or any other Secured Party under or in connection with the Credit Agreement or any of the other secured indebtedness being herein called “Noteholder”)Loan Documents, whether or not evidenced by a promissory note or other instrument; (biv) All indebtedness all obligations and other obligations owed to Noteholder liabilities of any nature now or hereafter incurred existing under or arising pursuant to or permitted by the provisions of the Note, the Loan Agreement as set out below, this Mortgage or any other instrument now or hereafter evidencing, governing, guaranteeing or securing the secured indebtedness or any part thereof or otherwise executed in connection with the loan evidenced Letters of Credit and Reimbursement Obligations, together with interest and other amounts payable with respect thereto; (v) all other Obligations, indebtedness, obligations and liabilities now or governed hereafter existing of any kind of any Loan Party or other Group Member to Administrative Agent or any other Secured Parties under documents which recite that they are intended to be secured by this Mortgage; (vi) any sums which may be advanced or paid by Trustee or Administrative Agent or any Secured Party under the Note terms hereof or of the Credit Agreement or other Loan Agreement (Documents on account of the Note, failure of Mortgagor or any other Loan Party to comply with the covenants of Mortgagor or other Loan Agreement, this Mortgage and such other instruments being Party contained herein sometimes collectively called the “Loan Documents”)or therein; and (cvii) All other loans and future advances made by Noteholder to Grantor and all other debtsObligations, obligations and liabilities of Grantor Mortgagor arising pursuant to the provisions of every kind this Mortgage and character the other Loan Documents, including penalties, indemnities, legal and other fees, charges and expenses, and amounts advanced by and expenses incurred in order to preserve any collateral or security interest, whether due after acceleration or otherwise; (b) all Obligations, obligations and liabilities of Borrower, any other Loan Party or any Group Member to the Administrative Agent or any other Secured Party, whether now in existence or hereafter existing in favor of Noteholderarising, whether direct by acceleration, termination or indirectotherwise, primary which may arise under, out of, or secondaryin connection with, joint any Specified Swap Agreement, any Specified Cash Management Agreement or severalany other document made, fixed delivered or contingent, and whether originally payable to Noteholder given in connection herewith or to a third party and subsequently acquired by Noteholdertherewith, including, without limitation, any amounts payable in respect of a liquidation of, an acceleration of obligations under, or an early termination of, any Specified Swap Agreement, and any unpaid amounts owing in respect thereof; (c) any and all obligations other present or future Obligations; and (d) any and all renewals, modifications, substitutions, rearrangements or extensions of Grantor any of the foregoing, whether in whole or in part; provided that, notwithstanding anything to Noteholder in connection with letters of credit issued by Noteholder at the application of Grantorcontrary contained herein, it being contemplated that Grantor may hereafter become indebted to Noteholder for such further debts, obligations and liabilities. Section 1.4this Mortgage shall not secure any Excluded Swap Obligation.

Note, Loan Documents, Other Obligations. This Mortgage Deed of Trust is made to secure and enforce the payment and performance of the following promissory notes, obligations, indebtedness indebtedness, and liabilitiesliabilities and all renewals, extensions, supplements, increases, and modifications thereof in whole or in part from time-to-time: (a) A the Promissory Note (Revolving Line of Credit Note) dated as of the Effective Date having an original principal commitment amount of $8,000,000.00 executed by Grantor and payable to the order of West Texas State Bank (“Lender”) on or before September 30, 2015, bearing interest as therein provided, and containing a provision for the payment of a reasonable additional amount as attorneys’ fees, Notes and all other notes given in substitution or replacement therefor or in modification, renewal supplement, increase, renewal, or extension thereof, in whole or in part (such note or notes, whether one or more, as from time-to-time to time renewed, extended, supplemented, amendedincreased, or modified and all other notes given in substitution or replacement therefor, or in modification, renewal renewal, or extension thereof, in whole or in part, being hereinafter called the “Note” "NOTES," and Lender and each the Lenders, or the subsequent holder at the time in question of the any Note or any part thereof or interest therein, or any of the other secured indebtedness indebtedness, as hereinafter defined, being herein individually called “Noteholder”"HOLDERS" and collectively called "HOLDERS"); (b) All all indebtedness and other obligations owed by Borrower to Noteholder Agent and Holders now or hereafter incurred or arising pursuant to or permitted by the provisions of the NoteCredit Agreement, the Loan Agreement as set out belowNotes, this Mortgage Deed of Trust, or any other instrument document now or hereafter evidencing, governing, guaranteeing or securing the secured indebtedness or any part thereof guaranteeing, securing, or otherwise executed in connection with the loan evidenced or governed by the Note or Credit Agreement and the Loan Agreement Notes (the NoteCredit Agreement, the Loan AgreementNotes, this Mortgage Deed of Trust, and such other instruments documents, as they or any of them may have been or may be from time-to-time renewed, extended, supplemented, increased, or modified, being herein sometimes collectively called the “Loan Documents”"LOAN DOCUMENTS"); and (c) All all other loans and future advances made by Noteholder Agent and/or Holders to Grantor Borrower pursuant to the Loan Documents and all other debts, obligations obligations, and liabilities of Grantor Borrower of every kind and character now or hereafter existing in favor of NoteholderAgent and/or Holders, whether direct or indirect, primary or secondary, joint or several, fixed or contingent, and whether originally payable to Noteholder secured or to a third party and subsequently acquired by Noteholderunsecured, including, without limitation, all obligations of Grantor to Noteholder in connection with letters of credit issued by Noteholder at arising under the application of GrantorCredit Agreement, it being contemplated that Grantor Borrower may hereafter become indebted to Noteholder Agent and/or Holders for such further debts, obligations obligations, and liabilitiesliabilities pursuant to the Loan Documents; provided, however, and notwithstanding the foregoing provisions of this clause (c), this Deed of Trust shall not secure any such other loan, advance, debt, obligation, or liability with respect to which Holder is by applicable law prohibited from obtaining a lien on real estate nor shall this clause (c) operate or be effective to constitute or require any assumption or payment by any person, in any way, of any debt of any other person to the extent that the same would violate or exceed the limit provided in any applicable usury or other law. Section 1.4The indebtedness referred to in this SECTION 1.4 is hereinafter sometimes referred to as the "SECURED INDEBTEDNESS" or the "INDEBTEDNESS SECURED HEREBY."

Note, Loan Documents, Other Obligations. This Mortgage Security Instrument is made to secure and enforce the payment and performance of the following promissory notes, obligations, indebtedness and liabilitiesliabilities and all renewals, extensions, supplements, increases, and modifications thereof in whole or in part from time to time: (a) A the Promissory Note (Revolving Line of Credit Note) dated as of the Effective Date having an original principal commitment amount of $8,000,000.00 executed by Grantor and payable to the order of West Texas State Bank (“Lender”) on or before September 30, 2015, bearing interest as therein provided, and containing a provision for the payment of a reasonable additional amount as attorneys’ fees, and all other notes given in substitution or replacement therefor or in modification, supplement, increase, renewal or extension thereof, in whole or in part (such note or notes, whether one or more, as from time to time renewed, extended, supplemented, amended, increased or modified and all other notes given in substitution or replacement therefor, or in modification, renewal or extension thereof, in whole or in part, being hereinafter called the “"Note” and Lender and each subsequent holder of the Note or any part thereof or interest therein, or any of the other secured indebtedness being herein called “Noteholder”"); (b) All all indebtedness and other obligations owed by Borrower to Noteholder Lender, or any affiliate of Lender, now or hereafter incurred or arising pursuant to or permitted by the provisions of the Note, this Security Instrument, the Loan Environmental Indemnity Agreement as set out below(the "Environmental Agreement") of even date herewith between Borrower and Lender, this Mortgage or any other instrument document now or hereafter evidencing, governing, guaranteeing or guaranteeing, securing the secured indebtedness or any part thereof or otherwise executed in connection with the loan evidenced by the Note, including but not limited to any loan or governed credit agreement, tri-party financing agreement, purchase and sale agreement with respect to the Property or other agreement between Borrower and Lender, or among Borrower, Lender and any other party or parties, pertaining to the repayment or use of the proceeds of the loan evidenced by the Note or the Loan Agreement (the Note, this Security Instrument, the Loan Agreement, this Mortgage Environmental Agreement and such other instruments documents, as they or any of them may have been or may be from time to time renewed, extended, supplemented, increased or modified, being herein sometimes collectively called the “"Loan Documents”"); and (c) All all other loans and future advances made by Noteholder Lender to Grantor Borrower and all other debts, obligations and liabilities of Grantor Borrower of every kind and character now or hereafter existing in favor of NoteholderLender, however and whenever incurred, whether direct or indirect, primary or secondary, joint or several, fixed or contingent, secured or unsecured, and whether originally payable to Noteholder Lender or to a third party and subsequently acquired by NoteholderLender; provided, includinghowever, without limitationand notwithstanding the foregoing provisions of this clause (c), all obligations this Security Instrument shall not secure any such other loan, advance, debt, obligation or liability with respect to which Lender is by applicable law prohibited from obtaining a XXXXX/FREMONT ASSOCIATES DEED OF TRUST PAGE 4 lien or security title on real estate nor shall this clause (c) operate or be effective to constitute or require any assumption or payment by any person, in any way, of Grantor any debt of any other person to Noteholder the extent that the same would violate or exceed the limit provided in connection with letters of credit issued by Noteholder at any applicable usury or other law. The indebtedness referred to in this Section 1.4 is hereinafter sometimes referred to as the application of Grantor, it being contemplated that Grantor may hereafter become indebted to Noteholder for such further debts, obligations and liabilities. Section 1.4"secured indebtedness" or the "indebtedness secured hereby."