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200806505 Description of the types (or items) of property covered by this Financing Statement: The Mortgaged Property described in the Granting Clauses on pages 3 through 6 above Description of real estate located in Indiana to which the collateral is attached or upon which it is or will be located: Those certain tracts of land described in Exhibit A Record owner of real estate to which the collateral is attached or upon which it is or will be located: SemMaterials Energy Partners, L.L.C. Section 5.3. Reproduction of Mort!l:a!l:e as Financin!l: Statement. Without limiting any other provision herein, Mortgagor hereby authorizes Administrative Agent to file one or more financing statements, or renewal or continuation statements thereof, describing the Collateral without the signature of the Mortgagor, including, without limitation, a financing statement covering "all assets of Mortgagor, all proceeds therefrom and all rights and privileges with respect thereto." Section 5.4. Notice to Account Debtors. In addition to, but without limitation of, the rights granted in Article III hereof, Administrative Agent may, at any time after a default has occurred that is continuing, notify the account debtors or obligors of any accounts, chattel paper, negotiable instruments or other evidences of indebtedness included in the Collateral to pay Administrative Agent directly. Section 5.5. Waivers. Administrative Agent may at any time and from time to time in writing waive compliance by Mortgagor with any covenant herein made by Mortgagor to the extent and in the manner specified in such writing, or consent to Mortgagor's doing any act which hereunder Mortgagor is prohibited from doing, or to Mortgagor's failing to do any act which hereunder Mortgagor is required to do, to the extent and in the manner specified in such writing, or release any part of the Property or any interest therein from the Lien, privilege, and security interest of this Mortgage, without the joinder of Trustee. Any party liable, either directly or indirectly, for the secured indebtedness or for any covenant herein, in any other Loan Document or in any agreement evidencing Lender Swap Obligations may be released from all or any part of such obligations without impairing or releasing the liability of any other party. No such act shall in any way impair any rights or powers hereunder except to the extent specifically agreed to in such writing. Section 5.6. No Impairment of Security. To the extent allowed by Law, the Lien, privilege, security interest and other security rights hereunder shall not be impaired by any indulgence, moratorium or release which may be granted including, but not limited to, any renewal, extension or modification which may be granted with respect to any secured indebtedness, or any surrender, compromise, release, renewal, extension, exchange or substitution which may be granted in respect of the Property, or any part thereof or any interest therein, or any release or indulgence granted to any endorser, guarantor or surety of any secured indebtedness. Section 5.7. Acts Not Constitutin!l: Waiver. Any default may be waived without waiving any other prior or subsequent default. Any default may be remedied without waiving the default remedied. Neither failure to exercise, nor delay in exercising, any right, power or remedy upon any default shall be construed as a waiver of such default or as a waiver of the right to exercise any such right, power or remedy at a later date. No single or partial exercise of any right, power or remedy hereunder shall 505901000016 DALLAS 2307301.3 29 [MULTI STATE MORTGAGE]