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200806505 ARTICLE V. Miscellaneous Section 5.1. Scope of Mortgage. This Mortgage is a deed of trust and mortgage of both real/immovable and personal/movable property, a security agreement, a financing statement and an assignment, and also covers proceeds and fixtures and all rights as set out herein. Section 5.2. Effective as a Financing Statement. This Mortgage covers goods which are or are to become fixtures related to the reaVimmovable property described herein, and this Mortgage shall be effective as a financing statement filed as a fixture filing (within the meaning of the applicable DCC) with respect to all goods which are or are to become fixtures with respect to the Mortgaged Properties. This Mortgage is to be filed for record in the real property records of each county where any part of the Mortgaged Properties is situated and may also be filed in the offices of the Bureau of Land Management, the General Land Office, or the Minerals Management Service or any relevant federal or state agency (or any successor agencies). This Mortgage shall also be effective as a financing statement covering any other Property which is or is to become fixtures and may be filed in any other appropriate filing or recording office, including, but not limited to, the appropriate office(s) of any jurisdiction in order to perfect the security interests in the Property which is or is to become fixtures. The information provided in this Section 5.2 is provided so that this Mortgage shall comply with the requirements of the DCC for a mortgage instrument to be filed as a financing statement. Mortgagor is the "debtor" and its name and mailing address are set forth on the signature page hereto and below. Administrative Agent is the "secured party" and its name and mailing address from which information concerning the security interest granted herein may be obtained are set forth in the preamble of this Mortgage immediately preceding Article 1 and below. A statement describing the portion of the Mortgaged Properties comprising the fixtures hereby secured is set forth in Section 1.1 and Section 1.2 of this Mortgage. Mortgagor represents and warrants to Administrative Agent that Mortgagor is the record owner of the Mortgaged Properties, the employer identification number of Mortgagor and the organizational identification number of Mortgagor are set forth on the cover page hereto. Nothing contained in this paragraph shall be construed to limit the scope of this Mortgage nor its effectiveness as a financing statement covering any type of Property. (With Regard to Other Mortgaged Property located in Indiana:) Name and address of the Debtor: SemMaterials Energy Partners, L.L.C. 6120 South Yale, Suite 700 Tulsa, Oklahoma 74136 Type of organization: Limited Liability Company Jurisdiction of organization: Delaware Organization ill No.: 4472462 Name and address of Secured Party: Wachovia Bank, National Association, as administrative agent 1 00 1 Fannin Street, Suite 225 Houston, Texas 77002 505901000016 DALLAS 2307301.3 28 [MULTI STATE MORTGAGE]