202202660
<br />Agent, and Administrative Agent's successors and assigns, with power of sale pursuant to this Mortgage
<br />and as allowed under applicable any Requirement of Law, however, upon the terms, provisions and
<br />conditions herein set forth, and (c) the Georgia Secured Property and all parts, rights, members and
<br />appurtenances thereof, to the use, benefit and behalf of Administrative Agent, its successors and assigns,
<br />in the case of the Georgia Secured Property, IN FEE SIMPLE forever, and with respect to the Georgia
<br />Secured Property, THIS CONVEYANCE is intended to operate and is to be constructed as a deed passing
<br />title to the Georgia Secured Property to Administrative Agent and is made under those provisions of the
<br />existing laws of the State of Georgia relating to deeds to secure debt, and not as a mortgage, and is given
<br />to secure the Obligations, in each case of clauses (a), (b), or (c) above, for the benefit of Administrative
<br />Agent and the other Secured Parties, upon the terms, provisions and conditions herein set forth (the Deed
<br />of Trust Mortgaged Properties, the Other Mortgaged Properties and the Georgia Secured Property are herein
<br />sometimes collectively called the "Mortgaged Properties").
<br />Section 1.2. Grant of Security Interest. In order to further secure the payment of the secured
<br />indebtedness hereinafter referred to and the performance of the obligations, covenants, agreements,
<br />warranties, and undertakings of Mortgagor hereinafter described, Mortgagor hereby grants to
<br />Administrative Agent for the benefit of Administrative Agent and the other Secured Parties a security
<br />interest in the entire interest of Mortgagor (whether now owned or hereafter acquired by operation of any
<br />Requirement of Law or otherwise) in and to:
<br />(a) the Mortgaged Properties;
<br />(b) without limitation of any other provision of this Section 1.2, all payments received in lieu
<br />of performance which are related to the Mortgaged Properties (regardless of whether such payments or
<br />rights thereto accrued, and/or the events which gave rise to such payments occurred, on or before or after
<br />the date hereof, including, without limitation, firm or prepaid transportation payments and similar
<br />payments, payments received in settlement of or pursuant to a judgment rendered with respect to firm
<br />transportation or similar obligations or other obligations under a contract, and payments received in buyout
<br />or buydown or other settlement of a contract) and/or imbalances in deliveries (the payments described in
<br />this subsection (b) being herein called "Payments in Lieu");
<br />(c) all equipment, inventory, improvements, fixtures, accessions, goods, including Products
<br />owned by Mortgagor, and other personal or movable property of whatever nature (including, but not limited
<br />to, that held in connection with the operation of the Mortgaged Properties or the treating, handling,
<br />separation, stabilization, storing, processing, heating, transporting, gathering or marketing of Products), and
<br />all licenses and permits of whatever nature, including, but not limited to, that now or hereafter used or held
<br />for use in connection with the Mortgaged Properties or in connection with the operation thereof or the
<br />treating, handling, separation, stabilization, storing, processing, heating, transporting, gathering, or
<br />marketing of Products, and all renewals or replacements of the foregoing or substitutions for the foregoing;
<br />(d) all accounts, receivables, contract rights, choses in action (i.e., rights to enforce contracts
<br />or to bring claims thereunder), commercial tort claims and other general intangibles of whatever nature
<br />(regardless of whether the same arose and/or the events which gave rise to the same occurred, on or before
<br />or after the date hereof, including, but not limited to, that related to the Mortgaged Properties, the operation
<br />thereof, or the treating, handling, separation, stabilization, storing, processing, transporting, gathering, or
<br />marketing of Products, and including, without limitation, any of the same relating to payment of proceeds
<br />thereof or to payment of amounts which could constitute Payments in Lieu);
<br />(e) without limitation of the generality of the foregoing, any rights and interests of Mortgagor
<br />under any present or future hedge or swap agreements, cap, floor, collar, exchange, forward or other hedge
<br />10
<br />144646513
<br />
|