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<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 />