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i �rf k 85-.001169 MORTGAGE AND SECURITY AGREEMENT ^ THIS MORTGAGE AND SECURITY AGREEMENT, made this VA day of 19_&?, by and between MED WEST HEALTH CARE 40MANA*MEAN4_C_0RPb'RAT ION, a South Dakota corporation as Mortgager (herein sometimes called "First Party "), and BEVERLY ENTERPRISES, a California corporation with its principal place of business in Pasadena, California and BEVERLY ENTERPRISES- NEBRASKA, INC., a California corporation duly authorized to do business in Nebraska as Mortgagees (both of whom are herein sometimes jointly called "Second Party "), WITNESSETH: WHEREAS, First Party has executed a Nebraska Closing Agreement (hereinafter referred to as "Agreement ") agreeing to pay and reimburse to Second Party sums in the maximum principal amount of $ j� "799 1'3a cg0 with interest as therein provided in certain events and as certain contingencies therein set forth, and WHEREAS, First Party is the lessee under certain leases (hereinafter sometimes called "Leases ") on certain real estate, which Leases and real estate are described on Exhibit A attached hereto (such real estate and all right, title and interest which First Party has or may have therein as lessee or otherwise being hereinafter sometimes referred to as "Real Estate "), and WHEREAS, First Party has executed documents of conveyance as defined in the Agreement of the Leases and Real Estate to Second Party in escrow, which conveyances and the interest in the Leases and Real Estate may revert to First Party as provided in the Agreement and it being specifically intended the security hereof shall extend to and include all such interest which may so revert to First Party, NOW, THEREFORE, in order to secure the repayment of all principal and interest and other charges and amounts pursuant to such Agreement by First Party and the performance of any and all other obligations of First Party thereunder, and to secure the performance and observance by First Party of every covenant and condition therein and herein contained, and for other good and valuable consideration, all of which is hereinafter referred to as the Secured Obligation, First Party by these presents does hereby mortgage and assign unto Second Party, and unto its suc- cessors and assigns forever, all of First Party's interest, now owned and hereafter acquired, in the real estate described on Exhibit A attached hereto together with all estate, right, title and interest of First Party in and to the Real Estate under the above - mentioned Leases and all renewals or extensions thereof and