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2oioo��99 <br />TO HAVE AND TO HOLD (a) the Deed af Trust Mortgaged Properties unto the Trustee, <br />and its successors or substitutes in this trust, and to its or their successors and assigns, in trust <br />with power of sale pursuant to this Mortgage and as allowed under any applicable Requirement <br />of Law, however, upon the terms, provisions and conditions herein set forth, (b) the Other <br />Mortgaged Praperties unto Administrative Agent, and Administrative Agent's successors and <br />assigns, with power of sale pursuant to this Mortgage and as allawed under applicable any <br />Requirement of Law, however, upon the terms, pravisions and conditions herein set forth, and <br />(c) the Georgia Secured Property at�d all parts, rights, members and appurtenances thereof, to the <br />use, benefit and behalf of Administrative Agent, its successors and assigns, in the case of the <br />Georgia Secured Properry, IN �'EE SIMPLE forever, and with respect to the Geo:rgia Secured <br />�roperty, THIS CONVEYANCE is intended to operate and is to be canstructed as a deed passing <br />title to the Georgia Secured Property to Administrative Agent and is made under those provisions <br />of the �xisting laws of the State of Georgia relating to deeds to secure debt, and not as a <br />mortgag�, and is given to secure the Obligations, in each case of (a), (la), or (c) abave, for the <br />benefit of Ad.ministrative Agent and the other Secured Pa�rties, upon the terms, provisians and <br />conditions herein set forth (the Deed af Trust Mortgaged Properties, the Other Mortgaged <br />Paroperties and the Georgia Secured Property are herein sometimes collectively called the <br />"Mortgaged Properties"). <br />Section 1.2. Grant of Security Interest. In order to fi.�rther secure the payment of the <br />secured indebtedness hereinafter referred to and the performance of the obligations, covenants, <br />agreements, warranties, and undertakings of Mortgagor hereinafter described, Mortgagor hereby <br />grants to Administrative Agent for the benefit of Adrninistrative Agent and the other Secured <br />parties a security interest in the entire interest of Mortgagor (whether now owned or hereafter <br />acquired by o�eration o� any Requirement o� Law or otherwise) in and to: <br />(a) the Mortgaged Properties; <br />(b) without limitation of any other provision af this Section 1.2, all payments <br />received in lieu of performance which are related to the Mortgaged Properties (regardless af <br />whether such payments or rights thereto accrued, and/or the events which gave rise to such <br />payments occurred, on or before or after the date hereof, including, without limitation, firm or <br />prepaid trarisportation payments and similar payments, payments received in settlement of or <br />pursuant to a judgment rendered with respect to firm transportation or similar abligations or <br />other obligations under a contract, and payments received in buyout or buydown or athear <br />settlement of a contract) and/or imbalances in deliveries (the payments described in this <br />subsectian (b) being herein called "Payments in Lieu"); <br />(c) all equipment, inventory, improvements, fixtures, accessions, goods, including <br />Products owned by Mortgagor, and other personal or mavable property of whatever nature <br />(including, but not limited to, that held in connection with the operation of the Mortgaged <br />Properties or the treating, handling, separation, stabilization, storing, processing, heating, <br />transporting, gathering or marketing of Products), and all licenses and permits of whatever <br />nature, including, but not limited to, that now ar hereafter used or held fox use in connection with <br />the Mortgaged Properties or in connection with the operation thereof or the treating, handling, <br />separation, stabilization, storing, processing, heating, transporting, gathering, or marketing of <br />Products, and all renewals or replacem�nts of the foregoing or substitutions for the foregoing; <br />i�� <br />