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200500259
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Last modified
10/17/2011 1:03:16 AM
Creation date
10/18/2005 3:05:35 PM
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DEEDS
Inst Number
200500259
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200500259 <br />also be effective as a financing statement covering minerals or the like (including oil and gas) <br />and accounts subject to the Uniform Commercial Code, as amended, and similar provisions (if <br />any) of the uniform commercial code as enacted in any other state where the Mortgaged Property <br />is situated which will be financed at the wellhead or minehead of the wells or mines located on <br />the Mortgaged Property and is to be filed for record in the real estate records of each county <br />where any part of the Mortgaged Property is situated. This Deed of Trust shall also be effective <br />as a financing statement covering any other Mortgaged Property and may be filed in any other <br />appropriate filing or recording office. The name of the debtor for purposes of this financing <br />statement is the name of the Debtor set forth in Section 1.1 hereof, and the name of the secured <br />party for purposes of this financing statement is the name of the Secured Party set forth in <br />Section 1.1 hereof. The mailing address of Debtor is the address of Debtor set forth in the <br />definition of "Debtor" in Section 1.1 hereof and the mailing address of Secured Party from which <br />information concerning the security interests hereunder may be obtained is the address of <br />Administrative Agent set forth in the definition of "Administrative Agent" in Section 1.1 hereof. <br />Debtor's Organizational Identification Number is 3564913. <br />Section 6.3 Reproduction of Deed of Trust as Financing Statement. A carbon, <br />photographic or other reproduction of this Deed of Trust or of any financing statement relating to <br />this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred to <br />in Section 6.2 of this Deed of Trust. <br />Section 6.4 Notice to Account Debtors. In addition to the rights granted elsewhere in <br />this Deed of Trust, Secured Party may at any time during the existence of a Default, or event <br />which with the giving of notice or passage of time, or both, could become a Default notify the <br />account debtors or obligors of any accounts, chattel paper, negotiable instruments or other <br />evidences of indebtedness included in the Collateral to pay Secured Party directly. <br />Section 6.5 Waiver by Secured Part y. Secured Party may at any time and from time to <br />time by a specific writing intended for the purpose: (a) waive compliance by Debtor with any <br />covenant herein made by Debtor to the extent and in the manner specified in such writing; <br />(b) consent to Debtor's doing any act which hereunder Debtor is prohibited from doing, or to <br />Debtor's failing to do any act which hereunder Debtor is required to do, to the extent and in the <br />manner specified in such writing; (c) release any part of the Mortgaged Property or any interest <br />therein from the lien and security interest of this Deed of Trust or release or leave unperfected <br />any other collateral for the indebtedness secured hereby; or (d) release any party liable, either <br />directly or indirectly, for the secured indebtedness or for any covenant herein or in any other <br />Loan Document, without impairing or releasing the liability of any other party. No such act shall <br />in any way affect the rights or powers of Secured Party hereunder except to the extent <br />specifically agreed to by Secured Party in such writing. <br />Section 6.6 No Impairment of Security. The lien, security interest and other security <br />rights of Secured Party hereunder shall not be impaired by any indulgence, moratorium or <br />release granted by Secured Party including, but not limited to, any renewal, extension or <br />modification which Secured Party may grant with respect to any secured indebtedness, or any <br />surrender, compromise, release, renewal, extension, exchange or substitution which Secured <br />Party may grant in respect of the Mortgaged Property, or any part thereof or any interest therein, <br />or any release or indulgence granted to any endorser, guarantor or surety of any secured <br />indebtedness. The taking of additional security by Secured Party shall not release or impair the <br />DEED OF TRUST— Page 15 <br />
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