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<br />106258 <br /> <br />88- <br /> <br />(D) 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 /> <br />(E) All indebtedness, obligations and liabilities. <br />ar~sing pursuant to the provisions of this Mortgage, <br />and any and all renewals, increases, substitutions, con- <br />solidations or extensions of any such item of indebt- <br />edness, or any part thereof; <br /> <br /> <br />(F) All loans and advances which Bank may hereafter <br />make to Burke Energy Corporation, and any and all renewals, <br />increases, substitutions, consolidations or extensions <br />of the same, or any part thereof; and <br /> <br />(G) All other and additional debts, obligations <br />and liabilities of every kind and character of Burke <br />Energy Corporation, now or hereafter existing in favor <br />of Bank, regardless of whether such debts, obligations <br />and liabilities be direct or indirect, primary or <br />seconda~y, joint, several or joint and several, fixed <br />or contingent, and regardless of whether such present <br />or future debts, obligations and liabilities may, <br />prior to their acquisition by Bank, be or have been <br />payable to, or be or have been in.favor of, some other <br />person or have been acquired by Bank in a transaction <br />with one other than Mortgagor, together with any and <br />all renewals, increases, substitutions, consolidations <br />and extensions of such debts, obligations and liabili- <br />ties, or any part thereof (it being 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 /> <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 II. <br /> <br />Following the execution and delivery of this Mortgage, <br />the rights of any other entity which may acquire any rights, <br />title, lien or interest in and to the Mortgaged Property, or <br />any part thereof, shall be subordinate and inferior to the <br />rights of Mortgagee, its successors, representatives, heirs <br />and assigns, securing each, every and all of the indebtedness <br />hereinbefore mentioned, <br /> <br />ARTICLE III <br /> <br />SPECIAL COVENANTS <br /> <br />Mortgagor covenants, agrees and specifically under- <br />takes hereby: <br /> <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 /> <br />(B) to comply with, or cause to be complied with, <br />all valid governmental laws, ordinances and regulations <br />applicable 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 <br /> <br />-3- <br /> <br />~'7' <br />