2Q1Q07999
<br />Trust Mortgaged Properties; (i) MORTGAGE AND WARRANT, ASSIGN, PLEDGE,
<br />HYPOTHECATE, GRANT, BARGAIN, SELL, CONVEY AND CONFIRM to JPMorgan
<br />Chase Bank NA, as the Administrative Agent ("Administrative Agent") and the Secured
<br />Parties, and grant to Administrative Agent a POWER OF SALE (pursuant to this Mortgage and
<br />to the extent allowed by any applicable Requirement of Law) with respect to, all of the �ollowing
<br />described rights, interests a�ad properties which are located in (or caver properties located in) the
<br />States of Arkans�s, Color�do, Idaho, Illinois, Indiana, Kansas, Michigan, New Jersey, Ohio,
<br />Pennsylvania and Oklahorna (the "Other Mortgaged Properties"); and (j) GRANT,
<br />BARGAIN, SELL and CONVEY to the Administrative Agent all of the following described
<br />rights, interests and properties which are located in (or cover prop�rties located in) the State of
<br />Georgia (the "Georgia Secured Property"):
<br />(a) Those c�rtain tracts of land, described in Exhibit "A" attached hereto ar�d made a
<br />part hereof and Mortgagor's leasehold estate in and to those certain surf'ace leases and other
<br />interests in land (the "Surface Leases") described in Exhibit "A" attached hereto and made a part
<br />hereof (such tracts of land and the lands covered by the Surface Leases being herein collectively
<br />called the "Facility Sites"), together with all water, water rights, ditch rights and the permits and
<br />other evidence of authority or approval to appropriate and/or use ground or surface water in
<br />connection with such land or the k'acilities and all tanks, tank batteries, injector statians,
<br />terminals, pumps, pipelines, plants, heaters, compressars, equipment and other fixtures,
<br />personal/movable property, buildings and other improvements now or hereafter located on the
<br />Facility Sites, and all building materials, building equipment and fixtures of every kind and
<br />nature located an the Facility Sites, or attached to, contained in or used in any such buildings and
<br />other improvements, and all appurtenances and additions thereto and betterments, substitutians
<br />and replacements thereaf (whether now owned or hereafter acquired by op�ration af any
<br />Requirement of Law ar otherwise) located on or under the Facility Sites (the "Faciiity Praperty")
<br />or used, held �or use in connection w�th, or in any way related ta the Pipeline Systems (as
<br />hereinafter defined) (the Facility Sites and the Facility Property are herein sometimes
<br />collectively called the "Facilities");
<br />(b) All interests, estates or other claims, both in law and in equity, that the Mortga�or
<br />now has or may hereafter acquire in (a) the Facilities, (b) all �asements, rights-of way and rights
<br />used in conr►ection therewith or as a means of access thereto and (c) all tenements, hereditaments
<br />and appurtenanees in any manner belonging, relating or appertaining thereto (Mortgagor's
<br />interest in a11 of the foregoing interests, estates and other claims being hereinafter collectively
<br />called "Easements and Rights of Way");
<br />(c) All estate, right, title and i�terest of tla.e Mortgagor, now owned or hereafter
<br />acquired, in and to any land lying within the right-of-way of any streets, open or proposed,
<br />adjoining the Facilities, and any and all sidewalks, alleys and strips and gores of lar�d adjacent to
<br />or used in connection therewith (Mortgagor's interest in all of the foregoing estate, zight, title
<br />and interest being hereinafter called "Adjacent Rights");
<br />(d) The rights, interests and estates created under those certain servitudes, easements,
<br />rights of way, privileges, franchises, prescriptions, licenses, leases, permits and/or ather rights
<br />described in Exhibit "A", attached hereto and made a part hereof, and all of Mortgagor's right,
<br />title and interest (whether now owned or hereafter acquired by operatian of any R�quirement of
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