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r <br />84~-= „c~o483 <br />{D) One certain Loan and Security Agreement between;, <br />the Burke Energy Corporation-and Bank; dated July 16, <br />i98T (hereinafter referred-to as the "Loan-.Agreement"); <br />{E) All indebtedness, obligations and liabilities <br />arising pursuant to the provisions of this Mortgage; <br />and any and all renewals, increases, substitutions; con- <br />solidations or extensions o£ any such item of indebt- <br />edness, or any part thereof; <br />(Fj A11 loans and advances which.. Bank may hereafter- <br />make to Burke Energy Corporation, and. any and .all renewals,.- <br />ircreases, substitutions, consolidations ar extensions <br />of the same, or any part thereof; and <br />(G) All other and additional debts, obligations <br />and liabilities of every kind and character of Burke <br />Energy Gorporatior., now or hereafter existing in favor <br />of Bank, regardless of whether such debts, obligations <br />and liabilities be direct or indirect, primary or <br />secondary, joint, several or joint and several, fixed <br />or contingent, and regardless of whether such present <br />or future debts, obligations and liabilities may, <br />prior to their acquisition by Bank, be or have been <br />payable to, or be or have been in favor of, some other --- <br />person or have been acquired by Bank in a transaction <br />with one other than Mortgagor, together with any and <br />all renewals, increases, substitutions, consolidations <br />and extensions of such debts, obligations and liabili- <br />ties, or any part thereof (it being contemplated that <br />Bank may Lend additional sums of money to Burke Energy <br />Corporation from time to time, but shall not be obli- <br />gated to do so, and Lhat a1L such additional sums and <br />loans shall be part of the Secured Indebtedness). <br />The expression. "Secured Indebtedness,rF as used herein, <br />shall mean all the indebtedness, obligatians and liabilities <br />described or referred to above in Subsections (A) through <br />{Gj, inclusive, of this Article II. <br />Eollawing the execution and delivery of this Mortgage, <br />the rights of any other entity which may acquire any rights, <br />title, lien or interest an and to the Mortgaged Property, or <br />any part thereof, shall be subordinate and inferior to the <br />rights of Mortgagee, its successors, representatives, heirs <br />and assigns, securing each, every and all of the indebtedness <br />hereinbefore mentioned. <br />ARTICLE III <br />SPECIAL COVENANTS <br />Mortgagor covenants, agrees and specifically under- <br />takes hereby: <br />(A) to pay, or cause to be paid, before delinquent, <br />alI lawful taxes and. assessments of every character in <br />respect of the Mortgaged Property, or any part thereof, <br />and from time to time, upon request of Mortgagee, to <br />furnish to Mortgagee evidence satisfactory to Mortgagee <br />of the timely payment of such taxes and assessments; <br />(B) to comply with, or cause to be complied with, <br />ail valid governmental laws, ordinances and regulations <br />applicable to the Mortgaged Property and its ownership., <br />use and operation, and to comply with,~or cause to be <br />complied with, all, and not violate any, easements, <br />restrictions, agreements, covenants and eonditians with <br />°~` ,,.~°,~,.2. <br />