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<br />106258
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<br />or hereafter at any time before the release hereof in anywise
<br />belonging or appertaining to the Mortgaged Property, unto
<br />Mortgagee and its successors, representatives, heirs and as-
<br />signs, .forever.
<br />
<br />~is conveyance is intended as a mortgage, however,
<br />against the above-described property, and the same is executed
<br />and delivered to secure and enforce the payment by Mortgagor
<br />of all amounts provided to be paid by the terms of the here-
<br />inafter described promissory note, as well as all other indebt-
<br />edness from Mortgagor to Mortgagee, hereinafter mentioned,
<br />as well as for other purposes, as hereinafter set forth,
<br />
<br />ARTICLE I
<br />
<br />WARRANTY
<br />
<br />Mortgagor hereby agrees to warrant and forever defend,
<br />all and singular, the Mortgaged Property unto Mortgagee, its
<br />successors, representatives, heirs and assigns, forever,
<br />against any person whomsoever lawfully claiming or to claim
<br />the same or any part thereof; and Mortgagor hereby covenants
<br />with Mortgagee, its successors, representatives, heirs and
<br />assigns, that Mortgagor has good right" title and authority
<br />to mortgage the Mortgaged Property, and that the Mortgaged
<br />Property is free and clear of all liens and encumbrances,
<br />except the lien and encumbrance described herein. It is
<br />understood and agreed that the covenants and conditions of
<br />this Article I shall at all times be construed to be covenants
<br />for the benefit of Mortgagee, and that such covenants shall
<br />remain in full force and effect, notwithstanding the assign-
<br />ment hereof, or the payment of all indebtedness secured by
<br />this Mortgage, except upon the entire release of the lien
<br />hereof or foreclosure of the lien hereof.
<br />
<br />ARTICLE II
<br />
<br />INDEBTEDNESS SECURED
<br />
<br />This Mortgage, Security Agreement and Financing Statement
<br />(hereinafter referred to as the "~tortgage") is given to secure
<br />the payment and performance of all of the following described
<br />indebtedness, liabilities and obligations, to-wit:
<br />
<br />(AlOne certain Renewal Promissory Note of
<br />even date herewith executed by Burke Energy Corpora-
<br />tion, a Nevada corporation, as maker, payable to
<br />the order of Bank in the original principal amount
<br />of $2,500,000 and providing for interest as specified
<br />th~rein, and any and all renewals, increases, exten-
<br />sions, refundings, substitutions or consolidations
<br />of or for said Renewal Promissory Note, or any part
<br />thereof (hereinafter referred to as the "Note");
<br />
<br />(B) A $1,000,000 City of McPherson, Kansas
<br />Industrial Revenue Bond Series A, 1982 (Burke Energy
<br />Corporation) dated August 27, 1982, by and among
<br />Burke Energy Corporat~on, as tenant, Bank, as pur-
<br />chaser, and the City of McPherson, Kansas, as issuer,
<br />(hereinafter referred to as the "Series A Bond");
<br />
<br />..
<br />
<br />(Cl A $9,000,000 City of McPherson, Kansas
<br />Industrial Revenue Bond Series B, 1982 (Burke Energy
<br />Corporation) dated August 27, 1982, by and among
<br />Burke Energy Corporation, as tenant, Bank, as pur-
<br />chaser, and the City of McPherson, Kansas, as issuer,
<br />(hereinafter referred to as the "Series B Bond");
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