<br />200806505
<br />
<br />any kind of any Loan Party to Administrative Agent, LlC Issuer or Lenders under docwnents which
<br />recite that they are intended to be secured by this Mortgage, the full and prompt payment of which has
<br />been guaranteed by Subsidiary Guarantors (as hereinafter defined) and Parent Guarantors; (b) the due
<br />and punctual payment and performance of any and all indebtedness and other obligations now or
<br />hereafter incurred or arising pursuant to that certain Amended and Restated Guaranty dated as of
<br />February 20,2008, as amended, supplemented, restated, increased, extended or otherwise modified
<br />made by Mortgagor, and any additional guarantors from time to time party thereto (each ofthe entities
<br />named in this clause (b), collectively, "Subsidiary Guarantors" and each a "Subsidiary Guarantor")
<br />in favor of Administrative Agent guaranteeing, among other things, the obligations and liabilities of
<br />Borrower under the Credit Agreement, the Notes, the other Loan Documents and all present or future
<br />Lender Swap Obligations; and (c) all present or future Lender Swap Obligations.
<br />
<br />Section 1.4. Secured Indebtedness. The indebtedness referred to in Section 1.3, and all
<br />renewals, extensions and modifications thereof, and all substitutions therefor, in whole or in part, are
<br />herein sometimes referred to as the "secured indebtedness" or the "indebtedness secured hereby." It
<br />is contemplated and acknowledged that the secured indebtedness may include revolving credit loans
<br />and advances from time to time, and that this Mortgage shall have effect, as of the date hereof, to secure
<br />all secured indebtedness, regardless of whether any amounts are advanced on the date hereof or on a
<br />later date or, whether having been advanced, are later repaid in part or in whole and further advances
<br />made at a later date. Should the secured indebtedness decrease or increase pursuant to the terms of the
<br />Notes, the Credit Agreement, Loan Documents or otherwise, at any time or from time to time, this
<br />Mortgage shall retain its priority position of record until the termination of the Credit Agreement and
<br />other Loan Documents and until full, final and complete payment of all the secured indebtedness.
<br />
<br />Section 1.5. INDEBTEDNESS SECURED BY ARKANSAS PROPERTIES. WITH
<br />RESPECT TO PROPERTY LOCATED IN THE STATE OF ARKANSAS, IT IS AGREED
<br />THAT THIS MORTGAGE SHALL STAND AS SECURITY FOR THE PAYMENT OF ALL
<br />FUTURE AND ADDITIONAL INDEBTEDNESS, DIRECT OR INDIRECT, CREATED AFTER
<br />THE DATE OF TillS MORTGAGE, WHICH MAY BE OWING BY EITHER BORROWER
<br />TO LIC ISSUER OR LENDERS AT ANY TIME PRIOR TO THE PAYMENT IN FULL OF
<br />ALL OBLIGATIONS, INCLUDING FUTURE ADVANCES SECURED BY THIS
<br />MORTGAGE; SUCH FUTURE AND ADDITIONAL INDEBTEDNESS ARE TO BE SECURED
<br />HEREBY REGARDLESS OF WHETHER IT SHALL BE PREDICATED UPON FUTURE
<br />LOANS OR ADVANCES HEREAFTER MADE BY LIC ISSUER OR THE LENDERS, OR
<br />OBLIGATIONS HEREAFTER ACQUIRED BY LIC ISSUER OR SUCH LENDERS
<br />THROUGH ASSIGNMENT OR SUBROGATION OR OTHERWISE, OR SHALL
<br />REPRESENT INDIRECT OBLIGATIONS (CREATED AFTER THE DATE OF TillS
<br />MORTGAGE) BASED UPON ANY ENDORSEMENTS, GUARANTIES OR SURETYSHIP;
<br />AND IT IS AGREED THAT TillS MORTGAGE SHALL STAND AS SECURITY FOR ALL
<br />SUCH FUTURE AND ADDITIONAL INDEBTEDNESS WHETHER IT BE INCURRED FOR
<br />ANY BUSINESS PURPOSE THAT WAS RELATED OR WHOLLY UNRELATED TO THE
<br />PURPOSE OF THE ORIGINAL NOTES, OR WHETHER IT WAS INCURRED FOR SOME
<br />PERSONAL OR NONBUSINESS PURPOSE, OR FOR ANY OTHER PURPOSE RELATED
<br />OR UNRELATED, OR SIMILAR OR DISSIMILAR, TO THE PURPOSE OF THE ORIGINAL
<br />NOTES AND LOANS. UPON REQUEST OF BORROWERS, PRIOR TO THE DISCHARGE
<br />OF THIS MORTGAGE, LIC ISSUER OR LENDERS, AT THEIR OPTION, MAY MAKE
<br />FUTURE ADVANCES TO BORROWERS. SUCH FUTURE ADVANCES, WITH INTEREST
<br />THEREON, SHALL BE SECURED BY TillS MORTGAGE AND WHEN EVIDENCED BY
<br />PROMISSORY NOTES, THE SAID NOTES ARE SECURED HEREBY. NOTHING HEREIN
<br />
<br />505901000016 DALLAS 2307301.3
<br />
<br />6
<br />
<br />[MULTI STATE MORTGAGE]
<br />
|