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<br />100958
<br />(B) One certain Loan and Security Agreement between
<br />the Burke Energy Corporation and Bank dated July 16,
<br />1981 (hereinafter referred to as the "Loan Agreement");
<br />(E) All indebtedness, obligations and liabilities
<br />arising pursuant to the provisions of this Mortgage,
<br />and any and all renewals, increases, substitutions, con-
<br />solidations or extensions of am amch item of indebt-
<br />edn6tip., or any
<br />part. thereof;
<br />(F) All loam and advances which Bank may hereafter
<br />make to Burke Ener4y. Corporation, and any and all renewals,
<br />increases, substitutions, consolidations or extensions
<br />of tbx: -: same, or any part thereof; and
<br />41.x:1 other and , additional debts, obligations''
<br />and z;:{ Gies of every . kind anti, character of Burke
<br />Energy, .'corporation, , ao ;,t or hereafte existing in .:favor
<br />of B ; regardless: of whether such debts, obligations.
<br />and liabilities be direct.'far indirect, primary or
<br />secondary,'; faint, sever"' cir `joint and several, fined '1.
<br />or contingent, and regardless of . ;; k.ether such present
<br />or future debts, obligations ard.E:lsabilities may,
<br />prior to their acquisition- r.bV..Ba-=?k, . be:.ar have been
<br />payable to, or be or have €sr_cati, iri fa:ka raf, some other..
<br />gerzcn or have been acquired -a transaction
<br />.�;i.th one other than Mortgagor, together with any.anal
<br />ITT renewals, increases, substitutions, consolidatioz13
<br />and extensions of such debts, obligations and liabili
<br />ties, or an-y part thereof (it beiAg contemplated that
<br />Bank may lend additional sums of money to Burke Energy
<br />Corporation from time to time, but shall not be obli-
<br />gated to do so, and that all such additional sums and
<br />loans shall be part of the Secured Indebtedness).
<br />The expression "Secured Indebtedness," as used herein,
<br />shall mean- all the indebtedness, obligations and liabilities
<br />described or referred to above in Subsections (A) through
<br />(G), inclusive, of this Article I!.
<br />Following the execution and delivery of this Mortgage,
<br />the rights of any other entity wiuich may acquire any rights,
<br />title, lien or interest in and tc the Mortgaged Property, or
<br />any part thereof, shall be subordinate and inferior to the
<br />rzslk:ts of Mortgagee, its successors, represen"tives, heirs
<br />and assigns, securing each, every and all of the indebtedness
<br />hereinbefore mentioned.
<br />ARTICL72- III
<br />SPECIAL COVENANTS
<br />Mortgagor covenants, agrees and specifically under-
<br />takes hereby:
<br />(A) to pay, or cause to be paid, before delinquent,
<br />all lawful taxes and assessments of every character in
<br />respect of the Mortgaged Property, or any part thereof,
<br />and from time to time, upon request of Mortgagee, to
<br />furnish to Mortgagee evidence satisfactory to Mortgagee
<br />of the timely payment of such taxes and assessments;
<br />(B) to comply with, or cause to be complied with,
<br />all valid governmental laws, ordinances and regulations
<br />Lapplicable to the Mortgaged Property and its ownership.,
<br />use and operation, and to comply with,-or cause to be
<br />complied with, all, and not violate any, easements,
<br />restrictions, agreements, covenants and conditions with
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