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in 86- 1018!,5 MORTGAGE DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT and FINANCING STATEMENT THIS MORTGAGE, DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT and FINANCING STATEMENT (herein sometimes called "Mortgage ") is made as of April 10, 1986, from PESTER MARKETING COMPANY, an Iowa corporation, Debtor and formerly Debtor in Possession in Case No. 85 -339 -C pending in the United States Bankruptcy Court for the Southern District of Iowa Central Division, and as successor by corporate merger to the interest of PESTER CORPORATION, an Iowa corporation, Debtor and Debtor in Possession in Case No. 85 -338 -C pending in the United States Bankruptcy Court for the Southern District of Iowa Central Division (Pester Marketing Company, surviving successor to a merger between Pester Marketing Company and Pester Corporation together with subsequent successors and assigns is herein sometimes called "Mortgagor ") to Jack A. Rogers, of Polk County, Iowa, and Michael C. Kirk, of Jackson County, Missouri as trustees (herein collectively called the "Private Trustees "), as to that portion of the Lands (defined hereinafter) located outside of the State of Colorado, and, as to that portion of the Lands located within the State of Colorado to the Public Trustee of the County in the State of Colorado where this counterpart of the Mortgage is recorded (herein called the "Public Trustee "; the term "Trustees" as used herein shall in the case of Lands located outside the State of Colorado refer to the Private Trustees and as to Lands located within the State of Colorado to the Public Trustee); and BANKERS TRUST COMPANY, an Iowa state bank, located at 7th and Locust, Des Moines, Iowa 50309 (herein "Bankers Trust "), as collateral agent for the banks that are parties to the Loan Agreement referred to below (herein, Bankers Trust, in such capacity, together with any successors(s) thereto in such capacity, including the successor appointed pursuant to Section 3.19 below, called the "Agent ") and for SOUTHERN UNION REFINING COMPANY, a corporation, located at 1800 Renaissance Tower, 1201 Main Street, Dallas, Texas 75270 (herein together with its successors and assigns called "Surco "). R E C I T A L S: A. Loan Agreement and Loan Amount. Bankers Trust, CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, a national banking association ( "Continental "), FIRST INTERSTATE BANK OF DENVER, N.A., a national banking association ( "First Interstate "; Bankers Trust, Continental and First Interstate, together with any successor holders of