86-- 1018-45
<br />corporate mergers all of the corporations listed in the
<br />preceding sentence (except Mortgagor) have become and are
<br />now known as Pester Marketing Company, the Mortgagor.
<br />G R A N T
<br />NOW THEREFORE, the Mortgagor, for and in consideration
<br />of the premises and of the debts and trusts hereinafter
<br />mentioned and for the purpose of securing the Liabilities,
<br />has granted, bargained, sold, warranted, mortgaged,
<br />assigned, transferred and conveyed, and by these presents
<br />does GRANT, BARGAIN, SELL, WARRANT, MORTGAGE, ASSIGN, -
<br />TRANSFER and CONVEY unto the Trustees, IN TRUST FOREVER,
<br />with power of sale, for the pro rata use and benefit of the
<br />Lenders, all of the Mortgagor's right, title and interest,
<br />whether now owned or hereafter acquired, in and to all of
<br />the Collateral; and, insofar as the Collateral consists of
<br />equipment, general intangibles, accounts, contract rights,
<br />inventory, fixtures, proceeds of collateral or any other
<br />personal property of a kind or character defined in or
<br />subject to the applicable provisions of the Uniform
<br />Commercial Code (as in effect in the appropriate
<br />jurisdiction with respect to each of said properties, rights
<br />and interests), the Mortgagor hereby grants to the Agent,
<br />for the pro rata use and benefit of the Lenders, a security
<br />interest therein;
<br />TO HAVE AND TO HOLD the Premises unto the Trustees and
<br />their successors and assigns forever, hereby expressly
<br />waiving and releasing any and all right, benefit, privilege,
<br />advantage or exemption under and by virtue of any and all
<br />statutes and laws of the State or other jurisdiction in
<br />which the Real Estate is located providing for the exemption
<br />of homesteads from sale on execution or otherwise.
<br />The Mortgagor hereby covenants with and warrants to the
<br />Trustees, the Agent, the Lenders, and with the purchaser at
<br />any foreclosure sale: that at the execution and delivery
<br />hereof it is well seized of the Premises, and of a good,
<br />indefeasible estate therein, in fee simple (except for the
<br />Leasehold Lands, as to which the Mortgagor is the owner and
<br />holder of a good, indefeasible estate in the Leasehold
<br />Estate and except for the Contract Lands, as to which the
<br />Mortgagor has a valid, enforceable right to purchase said
<br />Contract Lands); that the Collateral is free from all
<br />encumbrances whatsoever (and any claim of any other person
<br />thereto) other than the encumbrances set forth in Exhibit D
<br />attached hereto (the "Permitted Exceptions "); that it has
<br />good and lawful right to sell, mortgage and convey the
<br />Collateral; and that it and its successors and assigns will
<br />-10-
<br />
|