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<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.
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