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'201906785
<br />14. "LAND" shall mean the real estate (or interest therein) as described in Exhibit A
<br />attached hereto and incorporated herein by this reference.
<br />15. "LEASES" shall mean the Preferred Pump Lease and all other leases (including, oil, gas
<br />and other mineral leases), subleases, licenses, concessions, contracts or other agreements (written or oral,
<br />now or hereafter in effect) which grant a possessory interest in and to, or the right to use, any portion of
<br />the Property, or which relate in any manner to the use or construction of the Improvements including but
<br />not limited to guaranties of leases.
<br />16. "LEGAL REQUIREMENTS" shall mean any and all of the following that may now or
<br />hereafter be applicable to Grantor or the Property: (A) judicial decisions, statutes, rulings, rules,
<br />regulations, permits, certificates or ordinances of any Governmental Authority; (B) Leases; (C)
<br />restrictions of record; and (D) other written or oral agreements or promises of any nature.
<br />17. "NOTE" shall mean that certain Promissory Note in the original principal amount of Two
<br />Million One Hundred Sixty -Seven Thousand Five Hundred and No/100 Dollars ($2,167,500.00), dated
<br />effective as of the date hereof, executed by Grantor and payable to Lender as stated therein, as may be
<br />modified, renewed, extended, amended, and restated from time. The maturity date of the Note is October
<br />23, 2029.
<br />18. "OBLIGATIONS" shall mean any and all of the covenants, warranties, representations
<br />and other obligations (other than to repay the Indebtedness) made or undertaken by Grantor (as defined
<br />below), under the Security Documents, Leases, or Legal Requirements.
<br />19. "OBLIGATED PARTY" shall mean any guarantor, surety, endorser, partner of Grantor
<br />(if a partnership or joint venture) or other party (other than Grantor) directly or indirectly obligated,
<br />primarily or secondarily, for any portion of the Indebtedness or for the performance of any of the
<br />Obligations.
<br />20. "PERSONALTY" shall mean all of the right, title and interest of Grantor in and to all
<br />personal property (other than the Fixtures) of any kind as defined in Article 9 of the Uniform Commercial
<br />Code as enacted in the State of Texas, including but not limited to all furniture, furnishings, equipment,
<br />machinery, goods, pews, public address system, general intangibles, money, accounts, contract rights
<br />including but not limited to lease guaranties, inventory, utility rights, engineering and design work
<br />prepared by any engineering firm in connection with the Land and Improvements, building permits, plans
<br />and specifications, surveys, plot plans, plats, surveys, management agreements, architectural agreements,
<br />construction contracts, leasing agreements and development agreements, now or hereafter located upon,
<br />within or about or in any way related to the Land and the Improvements, together with all accessories,
<br />replacements and substitutions therefor and the proceeds thereof.
<br />21. "PROPERTY" shall mean the Land, Improvements, Fixtures and Personalty, together
<br />with all or any part of, and any interest in, the following: (A) rights, privileges, tenements, hereditaments,
<br />rights-of-way, easements, appendages, and appurtenances in any way pertaining thereto, and rights, titles,
<br />and interests of Grantor in and to any streets, ways, alleys, strips of land adjoining the Land or any part
<br />thereof; (B) additions, substitutions, replacements and revisions thereof and thereto and all reversions and
<br />remainders therein; and (C) other security and collateral of any nature whatsoever, now or hereafter given
<br />for the repayment of the Indebtedness or the performance and discharge of the Obligations.
<br />22. "PREFERRED PUMP LEASE" shall mean that certain Lease by and between Grantor
<br />and Preferred Pump dated on or about the date hereof.
<br />23. "PREFERRED PUMP" shall mean Preferred Pump & Equipment, L.P.
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