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<br />I <br /> <br />"ll4L-cO02800 <br /> <br />r <br /> <br />successors or assigns up to the sum of TWENTY-FIVE MILLION <br />DOLLARS ($25,000,000) on or before the first day of April. 1994, <br />which sum represents the value of crude oil and oil products pur- <br />chased and not fully paid for under the Crude Oil Sales Agreement <br />and the Processing Agreement. plus interest on any overdue payments <br />at the prime rate of the First Nat10nal Bank of Dallas. Dallas. <br />Texas, the rate set forth for overdue payments in the CrUdeOU <br />Sales Agreement. and shall fully pay all other sums becoiDinguu. <br />to Beneficiary as provided herein, and shall as well fUlly and 'in <br />all respects perform and keep all covenants, conditions.stipult~ <br />tions, and agreements to be performed and kept by Grantor aapro'''' <br />vided herein and in the Sale Agreements, and shall payor c.uaeto <br />be paid to Beneficiary, its successors or assigns when due. ,-all <br />other and additional sums due from any Pester Affiliate. Whether <br />evidenced by the Sale Agreements, or by any loan agreement.lu!cur- <br />i ty agreement, guaranty, promissory note or otherwise eltecut'eci8.n~ <br />delivered by any Pester Affiliate to Beneficiary at any. time after- <br />the date hereof and prior to the written release and discharge 'of <br />this Deed of Trust by the Trustee and Beneficiary and descrlbedal!l, <br />to amount. due date and interest rate in any recorded modiflcat~on <br />to this Deed of Trust, all of which are and shall be secured'het!ebY:. <br />then in such event the Trustee and Beneficiary will. uponre'celpt <br />of written demand from Grantor. execute and deliver to Grantol' a <br />complete written release of this Deed of Trust and this Deed of <br />Trust will then be void. Otherwise this Deed of Trust shall remain <br />in full force and effect. <br /> <br />This Deed of Trust shall not, in any event. be automati~ <br />cally released or discharged by the payment and satisfaction of <br />all or any part of the Debt (as hereinafter defined) at any time <br />outstanding, but shall remain in full force and effect until <br />released and discharged in writing by the Trustee and Beneficiary <br />in accordance with the preceding paragraph. <br /> <br />The obligations of the Pester Affiliates under the Crude <br />Oil Sales Agreement and the Processing Agreement. together with <br />all other above-described purchase obligations, loans and advances <br />made by Beneficiary to any Pester Affiliate and all other above- <br />described obligations of Grantor to Beneficiary are herein collec- <br />tively called the "Debt". <br /> <br />It is agreed and understood by the parties hereto that: <br /> <br />1. The Debt is to be secured by other mortgages and <br />deeds of trust on other real estate in other counties and states <br />and by the personal property described in the Security Ageement. <br />Each and all of said mortgages and deeds of trust and the Security <br />Agreement are intended to and shall constitute security for the <br />entire Debt without allocation. <br /> <br />2. Any part of the security herein described, and any <br />security described in any other mortgage, the Security Agreement <br />or other instrument now or hereafter given to secure the indebted- <br />ness which is secured by this Deed of Trust, may be released by <br /> <br />-3- <br /> <br />L <br /> <br />L <br /> <br />L <br /> <br />~ <br /> <br />L_ <br />