Common use of Additional Mortgaged Property Clause in Contracts

Additional Mortgaged Property. If, after the Effective Date, the Borrower or any of its Subsidiaries acquires or leases Real Estate to be used as a Stopping Center or Petro:Lube or which is purchased by the Borrower or such Subsidiary for an amount in excess of $500,000, the Borrower shall, or shall cause such Subsidiary to, contemporaneously with the Permitted Acquisition Closing Date, deliver to the Agent a fully executed mortgage or deed of trust substantially in the form of Exhibit E hereto and other documents in order to give the Agent, for the benefit --------- of the Banks, a first priority mortgage on and security interest in such Real Estate and related personal property, subject only to Permitted Liens, together with the additional items that the Borrower would be required to deliver to the Agent pursuant to (S)13.6 hereto if the Borrower were to request a Revolving Credit Loan to fund such acquisition (excluding the items described in (S)13.6.2 hereto regarding "Use of Proceeds"), provided, however, as to any leasehold -------- ------- interest it shall not be a Default or Event of Default hereunder if the Borrower, after using its best efforts to obtain any necessary consents, is unable to execute and deliver such leasehold mortgage or deed of trust due to a failure to obtain any third-party consents needed to grant such mortgage or deed of trust. The Borrower further agrees that, following the taking of such actions with respect to such Real Estate, the Agent shall have for the benefit of the Banks and the Agent a valid and enforceable first priority mortgage or deed of trust over and security interest in such real estate and related personal property, free and clear of all liens and encumbrances except for Permitted Liens.

Additional Mortgaged Property. If, after the Effective Closing Date, the ----------------------------- Borrower or any of its Subsidiaries acquires or leases Real Estate to be used as a Stopping Center or Petro:Lube or which is purchased by the Borrower or such Subsidiary for an amount in excess of $500,0001,000,000, the Borrower shall, or shall cause such Subsidiary to, contemporaneously with the Permitted Acquisition Closing Date, deliver to the Agent a fully executed mortgage or deed of trust substantially in the form of Exhibit E ------- - hereto and other documents in order to give the Agent, for the benefit --------- of the Banks, a first priority mortgage on and security interest in such Real Estate and related personal property, subject only to Permitted Liens, together with the additional items that the Borrower would be required to deliver to the Agent pursuant to (S)13.6 hereto if the Borrower were to request a Revolving Credit Loan to fund such acquisition (excluding the items described in (S)13.6.2 hereto regarding "Use of Proceeds"), provided, -------- however, as to any leasehold -------- ------- interest it shall not be a Default or Event of ------- Default hereunder if the Borrower, after using its best efforts to obtain any necessary consents, is unable to execute and deliver such leasehold mortgage or deed of trust due to a failure to obtain any third-party consents needed to grant such mortgage or deed of trust. The Borrower further agrees that, following the taking of such actions with respect to such Real Estate, the Agent shall have for the benefit of the Banks and the Agent a valid and enforceable first priority mortgage or deed of trust over and security interest in such real estate and related personal property, free and clear of all liens and encumbrances except for Permitted Liens.