202202660 - Laserfiche WebLink

Browse

202202GG0 WHEREAS, Borrower has entered into that certain Third Amended and Restated Credit Agreement, dated as of May 26, 2021, by and among Truist Bank, as administrative agent (in such capacity, together with its successors and assigns, "Administrative Agent"), the other agents and lenders from time to time party thereto (such lenders being hereinafter referred to as the "Lenders"), and Borrower (the "Amended and Restated Credit Agreement"), pursuant to which the Existing Credit Agreement was amended and restated in its entirety (the Existing Credit Agreement as so amended and restated by the Amended and Restated Credit Agreement, and as the same may be further amended, restated, renewed, replaced, supplemented, consolidated, extended or increased in amount or otherwise modified from time to time, the "Credit Agreement"; unless otherwise defined herein, each term defined in the Credit Agreement and used herein has the meaning given to it in the Credit Agreement); WHEREAS, in connection with the amendment and restatement of the Existing Credit Agreement as described above, the liens and security interests created or evidenced by the Existing Mortgages have been assigned and transferred by Prior Administrative Agent to Administrative Agent pursuant to that certain Master Assignment of Mortgages and Deeds of Trust and Assumption Agreement, dated of even date with the effective date of this Mortgage, which has been filed for record in the real property records of the respective jurisdictions in which the Existing Mortgages has been filed for record; WHEREAS, Borrower is a member of an affiliated group of companies that includes Mortgagor, that are parties to one of more of the Loan Documents; WHEREAS, Borrower, Mortgagor, and the other Loan Parties are engaged in related businesses, and Mortgagor will derive substantial direct and indirect benefit from the agreement of the Lenders to make and maintain certain loans and other extensions of credit under the Credit Agreement; WHEREAS, Mortgagor has entered into that certain Third Amended and Restated Guarantee and Collateral Agreement, dated as of May 26, 2021, made by Borrower, Mortgagor and certain other Loan Parties in favor of Administrative Agent (as further amended, supplemented, restated or otherwise modified from time to time, the "Guarantee and Collateral Agreement"); and WHEREAS, it is a condition to the obligation of the Lenders to continue to make and maintain their respective extensions of credit to Borrower under the Credit Agreement that Mortgagor shall have executed and delivered this Mortgage to Administrative Agent for the ratable benefit of the Secured Parties; NOW, THEREFORE, in consideration of the premises and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and to induce Administrative Agent and the Lenders to enter into the Credit Agreement and to induce the Lenders to make and maintain their respective extensions of credit to Borrower thereunder, Mortgagor hereby agrees as follows: ARTICLE I Granting Clauses; Secured Indebtedness Section 1.1. Grant and Mortgage. The parties listed on the cover page hereof constituting Mortgagor (herein individually and collectively called "Mortgagor"), whose mailing address is provided on the signature page hereto, for and in consideration of the sum of Ten Dollars ($10.00) to Mortgagor in hand paid, and in order to secure the payment of the secured indebtedness hereinafter described and the performance of the obligations, covenants, agreements, warranties and undertakings of Mortgagor hereinafter described, does hereby: (a) with respect to those of the following described properties, rights, and interests which are located in (or cover properties located in) the States of Arizona, California, North Carolina, Texas, and Virginia GRANT, BARGAIN, SELL, CONVEY, TRANSFER, ASSIGN AND SET OVER to DAVID C. BROOKS (together with any successors and substitutes hereunder, the "Multistate 6 144646513