Common use of Future Advances Clause in Contracts

Future Advances. This Mortgage is given to, and the parties intend that it shall secure indebtedness, exclusive of interest thereon, in a maximum amount equal to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to $150,000,000 which indebtedness may include advances made at the request of Mortgagor or its respective successor(s) in title after this Mortgage is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recorded

Future Advances. This Mortgage is given to, and for the parties intend that it shall purpose of creating a lien on real property in order to secure not only existing indebtedness, exclusive of interest thereonbut also future advances, in a maximum amount equal whether such advances are obligatory or to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to $150,000,000 which indebtedness may include advances made at the request option of Mortgagor Mortgagee, or its respective successor(s) in title otherwise, and whether made before or after default or maturity or other similar events, to the same extent as if such future advances were made on the date of the execution hereof, although there may be no advance made at the time of the execution hereof and although there may be no indebtedness outstanding at the time any advance is made. The types of future advances secured by and having priority under this Mortgage is filed shall include, without limitation, (i) advances and readvances of record to principal under the fullest extent Note or other Loan Documents and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, ii) other than as provided for in the Loan Documents or any Documents, disbursements and other document with respect thereto) plus interest thereon, and any disbursements made advances for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities maintenance charges, insurance premiums or insurance on costs relating to the Mortgaged Property, for the discharge of liens having priority over the lien of this Mortgage, for the curing of waste of the Mortgaged Property and for the payment of service charges and expenses incurred by reason of default and including late charges, attorney’s fees and court costs, together with interest on such disbursements and all disbursements by Mortgagee pursuant thereon. The lien of this Mortgage, as to applicable law (third persons with or without actual knowledge thereof, shall be valid as to all such indebtedness being hereinafter referred to as and future advances, from the maximum amount secured hereby). This Mortgage shall be valid and have priority date of recordation, to the extent permitted by the laws of the maximum state in which the Mortgaged Property is situated. The total amount of the indebtedness secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and may decrease or increase from time to time, but the other Loan Documents total unpaid principal balance at any one time shall have not exceed the same priority as if maximum principal amount of the future advance was made on the date that this Mortgage was recordedObligations.

Future Advances. This Mortgage is given to, and the parties intend that it shall secure indebtedness, exclusive of interest thereon, in a maximum amount equal to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to $150,000,000 9,500,000 which indebtedness may include advances made at the request of Borrower or Mortgagor or its respective successor(s) in title after this Mortgage is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recorded.

Future Advances. This Mortgage is given to, and the parties intend that it shall secure indebtedness, exclusive of interest thereon, in a maximum amount equal to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to $150,000,000 585,000,000 which indebtedness may include advances made at the request of Borrower or Mortgagor or its respective successor(s) in title after this Mortgage is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recorded.

Future Advances. This Mortgage Deed of Trust is given to, and the parties intend that it shall secure indebtedness, exclusive of interest thereon, in a maximum amount equal to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to $150,000,000 which indebtedness may include advances made at the request of Mortgagor Grantor or its respective successor(s) in title after this Mortgage Deed of Trust is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this MortgageDeed of Trust, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement of this Mortgage Deed of Trust and any remedies hereunder, payment of taxes, special assessments, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee Beneficiary pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage Deed of Trust shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage Deed of Trust and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage Deed of Trust was recorded.

Future Advances. This Mortgage Security Instrument is given tointended to apply to future advances pursuant to 25 Del. C. § 2118. This Security Instrument secures not only existing indebtedness or advances made contemporaneously with the execution hereof, and the parties intend that it shall secure indebtednessif any, exclusive of but also future principal advances, with all interest accrued thereon, in to or for the benefit of Borrower up to a maximum principal amount equal of THIRTY-FIVE MILLION AND 00/100 DOLLARS ($35,000,000.00), made pursuant to the Aggregate Commitment terms of the Note, this Security Instrument, the Other Loan Documents and other documents evidencing the secured indebtedness (as the same may be modified, amended or supplemented from time to time under time), the Credit Agreement terms of all of which are incorporated herein by reference. All such future advances, whether such advances are obligatory, optional or both and whether made before or after default or maturity or other similar event, shall be an amount up secured by this Security Instrument to $150,000,000 which indebtedness the same extent as if such future advances were made contemporaneously with the execution of the Security Instrument, even though no advance may include advances have been made at the request time of Mortgagor or its respective successor(s) in title after execution of this Mortgage Security Instrument and even though no indebtedness is filed of record outstanding at the time any advance is made. Any lien attaching to the fullest extent Property after the date hereof shall be under, subject and with subordinate to all indebtedness, including without limitation, future advances (regardless of when made) secured hereby. This Security Instrument shall also secure, in addition to the highest priority contemplated by law (including maximum principal amount specified herein, disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any and other document with respect thereto) plus interest thereon, and any disbursements advances made for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities maintenance, care, protection or insurance on the Property Property, for the discharge of liens having priority over the lien of this Security Instrument, for the curing of waste of the Property, for indemnification obligations regarding environmental liabilities of the Property, and for service charges and expenses incurred by reason of a default hereunder, including, without limitation, late charges, attorney’s fees and court costs, together with interest on all such disbursements at the rate then in effect under the Note or this Security Instrument, and all disbursements other charges, disbursements, advances, costs and expenses now or hereafter permitted by Mortgagee pursuant law. The preference and priority of the lien of this Security Instrument shall extend to applicable law (any and all such indebtedness being hereinafter referred to as modifications of this Security Instrument or of the maximum amount obligations secured hereby). This Mortgage shall be valid and have priority by this Security Instrument, except to the extent expressly limited by Applicable Laws. Nothing herein contained shall be deemed an obligation on the part of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All Lender to make any future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recordedadvances.

Future Advances. This Mortgage is given to, and the parties intend that it shall secure indebtedness, exclusive of interest thereon, in a maximum amount equal to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to Prestonburg, Kentucky $150,000,000 which indebtedness may include advances made at the request of Mortgagor or its respective successor(s) in title after this Mortgage is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recorded

Future Advances. This Mortgage is given toan “open-end mortgage” as provided for by Section 49-2(c) of the Connecticut General Statutes, and the parties intend that it Lender shall secure indebtednesshave all the rights, exclusive of interest thereonpowers, in a maximum amount equal privileges and protections afforded to the Aggregate Commitment from time to time under the Credit Agreement which shall be holder of an amount up to $150,000,000 which indebtedness may include advances made at the request of Mortgagor open-end mortgage by such statutes or its respective successor(s) in title after this Mortgage any other applicable law. It is filed of record to the fullest extent understood and with the highest priority contemplated by law (including disbursements agreed that the Lenders Lender may, but shall not be obligated to, at any time and from time to time, make Open-End Mortgage, Security Agreement & Fixture Filing GTJ Portfolio, Shelton, Connecticut AEGON Loan No. 10520105 future advances secured by this Mortgage. Whether or not any such future advances are to be made shall be determined by the Lender in its sole and absolute discretion. The amount of principal indebtedness secured by this Mortgage at execution, or which under any contingency may become secured hereby at any time hereafter, includes the Note and the Related Note, plus all interest payable under the Note and the Related Note with respect to the maximum principal indebtedness secured hereby, any prepayment premium calculated in respect of a voluntary prepayment of principal or in connection with a calculation of the entire Indebtedness and the Related Indebtedness owing upon acceleration, and all amounts expended by the Lender after default by the Borrower for any expenses incurred in maintaining the Property and preserving its value, and in upholding the lien of this Mortgage, including payments by the Loan Documents Lender of (a) taxes, charges or any other document with respect theretoassessments which may be imposed by law upon the Property, (b) plus interest thereonpremiums on insurance policies covering the Property, (c) expense incurred in upholding the lien of this Mortgage, and (d) any disbursements made for amount, cost or charge with the enforcement Lender becomes subrogated, upon payment, whether under recognized principles of this Mortgage and any remedies hereunderlaw or equity, payment of taxesor under express statutory authority. Such amounts or costs, special assessmentstogether with interest thereon at the Default Rate, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recordedMortgage.

Future Advances. This Mortgage is given to, and the parties intend that it shall secure indebtedness, exclusive of interest thereon, in a maximum amount equal to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to $150,000,000 200,000,000 which indebtedness may include advances made at the request of Borrower or Mortgagor or its respective successor(s) in title after this Mortgage is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recorded.

Future Advances. This Mortgage Deed of Trust is given toto secure the Secured Obligations and shall secure not only presently existing Secured Obligations under the Loan Documents but also any and all other Secured Obligations which may hereafter be owing by Grantor to the Lenders under the Loan Documents, however incurred, whether interest, discount or otherwise, and whether the parties intend that it same shall secure indebtednessbe deferred, exclusive of interest thereonaccrued or capitalized, in a maximum amount equal including future advances and re-advances, pursuant to the Aggregate Commitment from time to time under the Credit Agreement which shall or the other Loan Documents, whether such advances are obligatory or to be an amount up to $150,000,000 which indebtedness may include advances made at the request option of Mortgagor the Lenders, or its respective successor(s) in title after this Mortgage is filed of record otherwise, to the fullest same extent and with as if such future advances were made on the highest priority contemplated by law (including disbursements that date of the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement execution of this Mortgage and any remedies hereunderDeed of Trust. The Lien of this Deed of Trust shall be valid as to all Secured Obligations secured hereby, payment including future advances, from the time of taxes, special assessments, utilities or insurance on the original recording of the original Deed of Trust for record in the recorder’s office of the county in which the Mortgaged Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as is located. To the maximum amount secured hereby). This Mortgage extent permitted by law, this Deed of Trust is intended to and shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens Liens and encumbrances, including statutory liensLiens, excepting solely taxes and assessments levied on the Property real estate, to the extent of the maximum amount secured hereby, and Permitted Encumbrances related thereto. Although this Deed of Trust is given priority by law. All to secure all future advances under the Credit Agreement, the Notes, this Mortgage made by Beneficiary and the other Lenders to or for the benefit of Grantor or the Mortgaged Property, whether obligatory or optional, Grantor and Beneficiary hereby acknowledge and agree that Beneficiary and the other Lenders are obligated by the terms of the Loan Documents shall have to make certain future advances, including advances of a revolving nature, subject to the same priority as if fulfillment of the future advance was made on relevant conditions set forth in the date that this Mortgage was recordedLoan Documents.

Future Advances. This Mortgage is given to, and the parties intend that it shall secure indebtedness, exclusive of interest thereon, in a maximum amount equal to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to Russelville, Kentucky $150,000,000 which indebtedness may include advances made at the request of Mortgagor or its respective successor(s) in title after this Mortgage is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recorded

Future Advances. This Notwithstanding anything contained in this Mortgage is given toor the other Loan Documents to the contrary, and this Mortgage shall secure: (i) two hundred percent (200%) of the parties intend that it shall secure indebtednessface amount of the Note, exclusive of interest thereonany items described in (ii) below, in a maximum amount equal to the Aggregate Commitment including any additional advances made from time to time under after the Credit Agreement which shall be an amount up date hereof pursuant to $150,000,000 which indebtedness may include advances the Note and other Loan Documents whether made as part of the Indebtedness secured hereby, made at the request option of Mortgagee, made after a reduction to a zero (0) or other balance, or made otherwise, (ii) all other amounts payable by Mortgagor, or advanced by Mortgagee for the account, or on behalf, of Mortgagor or its respective successor(s) in title after this Mortgage is filed of record the Mortgaged Property, pursuant to the fullest extent and with the highest priority contemplated by law (Loan Documents, including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document amounts advanced with respect thereto) plus interest thereon, and any disbursements made to the Mortgaged Property for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities or insurance premiums and other costs and impositions incurred for the protection of the Mortgaged Property to the same extent as if the future obligations, and advances were made on the Property date of execution of this Mortgage; and interest on such disbursements (iii) future modifications, extensions, and all disbursements renewals of any Indebtedness secured by Mortgagee pursuant this Mortgage. Pursuant to applicable law (all such indebtedness being hereinafter IND. CODE 32-29-1-10, the lien of the Mortgage with respect to any future advances, modifications, extensions, and renewals referred to as the maximum amount secured hereby). This Mortgage shall be valid herein and have priority made from time to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents time shall have the same priority to which this Mortgage otherwise would be entitled as if the future advance was made on of the date that this Mortgage was recordedis executed and recorded without regard to the fact that any such future advance, modification, extension, or renewal may occur after this Mortgage is executed.

Future Advances. This Mortgage is given toto secure, in part, future advances under the Note, the Loan Agreement and the other Loan Documents, and the parties intend that it shall secure indebtednessnot only the initial advance under the Note, exclusive the Loan Agreement and the other Loan Documents, but also subsequent advances, the final advance, and any other advances, disbursements and other payments made under the Loan Agreement and the other Loan Documents, whether such advances are obligatory or to be made at the option of interest thereonLender, in a maximum amount equal or otherwise, and including advances under the Loan Agreement and other Loan Documents as are made within twenty years from the date hereof, to the Aggregate Commitment same extent as if all such advances were made at the time of execution of this Mortgage and although there may be no outstanding Secured Obligations at the time any advance is made. The total amount of the Secured Obligations may increase or decrease from time to time under the Credit Agreement which shall be an amount up to $150,000,000 which indebtedness may include advances made at the request of Mortgagor or its respective successor(s) in title after this Mortgage is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders maytime, but the total unpaid principal balance of the indebtedness hereby secured at any one time outstanding shall not be obligated to, make under this Mortgage, exceed two (2) times maximum principal amount of the Loan Documents or any other document with respect thereto) Note plus interest thereon, and any disbursements made for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities assessments or insurance on the Property Collateral, and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby)disbursements. This Mortgage shall be valid and shall, to the fullest extent permitted by law, have priority over any and all liens and encumbrances arising after this Mortgage is recorded in the Recorder's office in the county in which the Land is located, including (to the extent of the maximum amount secured hereby over all subsequent permitted by applicable law) statutory liens and encumbrances, including statutory liens, excepting solely except taxes and assessments levied on the Property given priority by lawCollateral. All future advances Borrower hereby waives any right it may have under Section 5301.232(C) of the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recordedOhio Revised Code.

Future Advances. This Mortgage Deed of Trust is given toto secure the Secured Obligations and shall secure not only presently existing Secured Obligations under the Loan Documents but also any and all other Secured Obligations which may hereafter be owing by Grantor to the Lenders under the Loan Documents, however incurred, whether interest, discount or otherwise, and whether the parties intend that it same shall secure indebtednessbe deferred, exclusive of interest thereonaccrued or capitalized, in a maximum amount equal including future advances and re-advances, pursuant to the Aggregate Commitment from time to time under the Credit Agreement which shall or the other Loan Documents, whether such advances are obligatory or to be an amount up to $150,000,000 which indebtedness may include advances made at the request option of Mortgagor the Lenders, or its respective successor(s) in title after this Mortgage is filed of record otherwise, to the fullest same extent and with as if such future advances were made on the highest priority contemplated by law (including disbursements that date of the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement execution of this Mortgage and any remedies hereunderDeed of Trust. The Lien of this Deed of Trust shall be valid as to all Secured Obligations secured hereby, payment including future advances, from the time of taxes, special assessments, utilities or insurance on the original recording of the original Deed of Trust for record in the recorder’s office of the county in which the Mortgaged Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as is located. To the maximum amount secured hereby). This Mortgage extent permitted by law, this Deed of Trust is intended to and shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens Liens and encumbrances, including statutory liensLiens, excepting solely taxes and assessments levied on the Property real estate, to the extent of the maximum amount secured hereby, and Permitted Encumbrances related thereto. Although this Deed of Trust is given priority by law. All to secure all future advances under the Credit Agreement, the Notes, this Mortgage made by Beneficiary and the other Lenders to or for the benefit of Grantor or the Mortgaged Property, whether obligatory or optional, Grantor and Beneficiary hereby acknowledge and agree that Beneficiary and the other Lenders are obligated by the terms of the Loan Documents shall have to make certain future advances, including advances of a revolving nature, subject to the same priority as if fulfillment of the future advance was made on relevant conditions set forth in the date that this Mortgage was recordedLoan Documents. 

Future Advances. This Mortgage is given to, and the parties intend that it shall secure indebtedness, exclusive of interest thereon, in a maximum amount equal to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to $150,000,000 which indebtedness may include advances made at the request of Mortgagor or its respective successor(s) in title after this Mortgage is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recorded. This Mortgage secures future advances and is a future advance mortgage, each as defined in Act No. 348 of the Michigan Public Acts of 1990 (MCLA 565.901 et. seq.).

Future Advances. This Mortgage is given to, and the parties intend that it shall secure indebtedness, exclusive of interest thereon, in a maximum amount equal to the Aggregate Commitment from time to time under the Credit Agreement which shall be an amount up to $150,000,000 370,000,000 which indebtedness may include advances made at the request of Borrower or Mortgagor or its respective successor(s) in title after this Mortgage is filed of record to the fullest extent and with the highest priority contemplated by law (including disbursements that the Lenders may, but shall not be obligated to, make under this Mortgage, the Loan Documents or any other document with respect thereto) plus interest thereon, and any disbursements made for the enforcement of this Mortgage and any remedies hereunder, payment of taxes, special assessments, utilities or insurance on the Property and interest on such disbursements and all disbursements by Mortgagee pursuant to applicable law (all such indebtedness being hereinafter referred to as the maximum amount secured hereby). This Mortgage shall be valid and have priority to the extent of the maximum amount secured hereby over all subsequent liens and encumbrances, including statutory liens, excepting solely taxes and assessments levied on the Property given priority by law. All future advances under the Credit Agreement, the Notes, this Mortgage and the other Loan Documents shall have the same priority as if the future advance was made on the date that this Mortgage was recorded.