Common use of Title to Mortgaged Property and Lien of this Instrument Clause in Contracts

Title to Mortgaged Property and Lien of this Instrument. With respect to the property identified at Exhibit A and Exhibit B hereto, Mortgagor owns, or has valid leasehold rights to, the Mortgaged Property free and clear of any liens, claims or interests, except for Permitted Liens, or matters disclosed in title opinions delivered to Mortgagee by counsel to Mortgagor contemporaneously herewith, and this Mortgage creates valid, enforceable first priority liens and security interests against the Mortgaged Property identified at Exhibit A and Exhibit B. With respect to the Mortgaged Property identified at Exhibit C and Exhibit D hereto, Mortgagor does not warrant title, but to Mortgagor’s knowledge Mortgagor owns, or has valid leasehold rights to, as applicable, the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Liens, and this Mortgage creates valid, enforceable liens and security interests against the Mortgaged Property only to the extent of Mortgagor’s interests therein. Adverse matters of title that are known to Mortgagor and which are material to the continuing business operations of Mortgagor are disclosed on the Exhibits, where applicable. If adverse matters of title which are material to the continuing business operations of Mortgagor arise at any future time during which this Mortgage remains in force, Mortgagor will promptly advise Credit Facility Agent in writing as to such matters.

Title to Mortgaged Property and Lien of this Instrument. With respect Mortgagor has good and valid leasehold interest in the Land, and good and marketable title to the property identified at Exhibit A and Exhibit B hereto, Mortgagor owns, or has valid leasehold rights to, remainder of the Mortgaged Property Property, free and clear of any liens, claims or interestsLiens, except for Permitted Liens. The Mortgaged Lease is in full force and effect and has not been amended or modified (except as contemplated by the definition thereof). Mortgagor has not received any notice of default on the part of Mortgagor from Lessor, or matters disclosed in title opinions delivered nor has Mortgagor sent any notice of default on the part of Lessor to Mortgagee by counsel to Mortgagor contemporaneously herewith, Lessor. Mortgagor’s execution and delivery of this Mortgage and the other Loan Documents do not violate any of the terms of the Mortgaged Lease. This Mortgage creates valid, enforceable first priority liens Liens and security interests in favor of Mortgagee against Mortgagor’s estate, right, title and interests in the Mortgaged Property identified at Exhibit A for the benefit of the Secured Parties securing the payment and Exhibit B. With respect performance of the Obligations subject only to Permitted Liens. Upon recordation in the official real estate records in the county (or other applicable jurisdiction) in which the Premises are located, this Mortgage will constitute a valid and enforceable first priority Lien on Mortgagor’s estate, right, title and interests in the Mortgaged Property identified at Exhibit C and Exhibit D hereto, Mortgagor does not warrant title, but in favor of Mortgagee for the benefit of the Secured Parties subject only to Mortgagor’s knowledge Mortgagor owns, or has valid leasehold rights to, as applicable, the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Liens, and this Mortgage creates valid, enforceable liens and security interests against the Mortgaged Property only to the extent of Mortgagor’s interests therein. Adverse matters of title that are known to Mortgagor and which are material to the continuing business operations of Mortgagor are disclosed on the Exhibits, where applicable. If adverse matters of title which are material to the continuing business operations of Mortgagor arise at any future time during which this Mortgage remains in force, Mortgagor will promptly advise Credit Facility Agent in writing as to such matters* Include if required by local law.

Title to Mortgaged Property and Lien of this Instrument. With respect to the property identified at Exhibit A and Exhibit B hereto, Mortgagor owns, or has valid leasehold rights to, the Mortgaged Property free and clear of any liens, claims or interests, except for Permitted Liens, or matters disclosed in title opinions delivered to Mortgagee by counsel to Mortgagor contemporaneously herewith, and this Mortgage creates valid, enforceable first priority liens and security interests against the Mortgaged Property identified at Exhibit A and Exhibit B. With respect to the Mortgaged Property identified at Exhibit C and Exhibit D hereto, Mortgagor does not warrant title, but to Mortgagor’s knowledge Mortgagor owns, or has valid leasehold rights to, as applicable, the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Liens, and this Mortgage creates valid, enforceable liens and security interests against the Mortgaged Property only to the extent of Mortgagor’s interests therein. Notwithstanding the foregoing, as such Mortgaged Property identified at Exhibit C is incorporated into Borrower’s five year mine plan (the “Incorporated Property”), the Mortgagor warrants, represents and covenants to Mortgagee that, at the time of such incorporation, Mortgagor owns, or has valid leasehold rights to, the Incorporated Property free and clear of any liens, claims or interests, except for Permitted Liens, or matters disclosed in title opinions delivered to Mortgagee by counsel to Mortgagor at the time of incorporation and reasonably accepted by the Credit Facility Agent, and this Mortgage creates valid, enforceable first priority liens and security interests against the Incorporated Property. Adverse matters of title that are known to Mortgagor and which are material to the continuing business operations of Mortgagor are disclosed on the Exhibits, where applicable. If adverse matters of title which are material to the continuing business operations of Mortgagor arise at any future time during which this Mortgage remains in force, Mortgagor will promptly advise Credit Facility Agent in writing as to such matters.

Title to Mortgaged Property and Lien of this Instrument. With respect to the property identified at Exhibit A and Exhibit B hereto, Mortgagor Grantor owns, or has valid leasehold rights to, as applicable, the Mortgaged Property free and clear of any liens, claims or interests, except for Permitted Liens, or matters disclosed in title opinions delivered to Mortgagee Beneficiary by counsel to Mortgagor Grantor contemporaneously herewith, and this Mortgage Deed of Trust creates valid, enforceable first priority liens and security interests against the Mortgaged Property identified at Exhibit A and Exhibit B. A. With respect to the Mortgaged Property identified at Exhibit C B and Exhibit D C hereto, Mortgagor Grantor does not warrant title, but to MortgagorGrantor’s knowledge Mortgagor Grantor owns, or has valid leasehold rights to, as applicable, the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Liens, and this Mortgage Deed of Trust creates valid, enforceable liens and security interests against the Mortgaged Property only to the extent of MortgagorGrantor’s interests therein. Adverse matters of title that are known to Mortgagor Grantor and which are material to the continuing business operations of Mortgagor Grantor are disclosed on the Exhibits, where applicable. If adverse matters of title which are material to the continuing business operations of Mortgagor Grantor arise at any future time during which this Mortgage Deed of Trust remains in force, Mortgagor Grantor will promptly advise Credit Facility Agent in writing as to such matters.

Title to Mortgaged Property and Lien of this Instrument. With respect to the property identified at Exhibit A and Exhibit B hereto, Mortgagor owns, or has valid leasehold rights to, the Mortgaged Property free and clear of any liens, claims or interests, except for Permitted Liens, or matters disclosed in title opinions delivered to Mortgagee by counsel to Mortgagor contemporaneously herewith, and this Mortgage creates valid, enforceable first priority liens and security interests against the Mortgaged Property identified at Location: ; County: ; State: Exhibit A and Exhibit B. With respect to the Mortgaged Property identified at Exhibit C and Exhibit D hereto, Mortgagor does not warrant title, but to Mortgagor’s knowledge Mortgagor owns, or has valid leasehold rights to, as applicable, the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Liens, and this Mortgage creates valid, enforceable liens and security interests against the Mortgaged Property only to the extent of Mortgagor’s interests therein. Notwithstanding the foregoing, as such Mortgaged Property identified at Exhibit C is incorporated into Borrower’s five year mine plan (the “Incorporated Property”), the Mortgagor warrants, represents and covenants to Mortgagee that, at the time of such incorporation, Mortgagor owns, or has valid leasehold rights to, the Incorporated Property free and clear of any liens, claims or interests, except for Permitted Liens, or matters disclosed in title opinions delivered to Mortgagee by counsel to Mortgagor at the time of incorporation and reasonably accepted by the Credit Facility Agent, and this Mortgage creates valid, enforceable first priority liens and security interests against the Incorporated Property. Adverse matters of title that are known to Mortgagor and which are material to the continuing business operations of Mortgagor are disclosed on the Exhibits, where applicable. If adverse matters of title which are material to the continuing business operations of Mortgagor arise at any future time during which this Mortgage remains in force, Mortgagor will promptly advise Credit Facility Agent in writing as to such matters.

Title to Mortgaged Property and Lien of this Instrument. With respect Grantor warrants that Grantor has good title in fee simple in and to the property identified at Exhibit A and Exhibit B heretoWarranty Land, Mortgagor owns, or has a valid leasehold rights toestate under the Mortgaged Leases described in Exhibit B, a valid easement estate under the Warranty Easements Rights, and good title to the Warranty Fee Improvements, the Mortgaged Warranty Leasehold Improvements and the Warranty Easement Improvements, the Warranty Fixtures and the Warranty Water Rights, and upon acquisition thereof by Grantor, will have good title in fee simple, lease-: hold or easement estate, as applicable, in the portion of the Mortgage Property hereafter acquired by Grantor, in each case free and clear of any liens, claims or interests, Liens except for Permitted Liens, or matters disclosed in except where the failure to have such good title opinions delivered could not reasonably be expected to Mortgagee by counsel to Mortgagor contemporaneously herewith, and this Mortgage have a Material Adverse Effect. This Deed of Trust creates valid, enforceable first priority liens and security interests against the Mortgaged Property identified at Exhibit A and Exhibit B. With respect Property, subject to the Mortgaged Property identified at Exhibit C and Exhibit D hereto, Mortgagor does not warrant title, but to Mortgagor’s knowledge Mortgagor owns, or has valid leasehold rights to, as applicable, the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Liens, and upon recording of this Mortgage creates valid, enforceable liens and security interests against Deed of Trust in the real property records of the county or counties in which the Mortgaged Property is situated and this Deed of Trust being indexed as a fixture, timber and as-extracted collateral filing in such records, this Deed of Trust will create and constitute a valid and enforceable first priority mortgage Lien on and UCC security interest in the portion of the Mortgaged Property that is fixtures, timber to be cut and as-extracted collateral, subject to Permitted Liens. Grantor shall preserve and protect the Lien (including the priority thereof) and security interest of this Deed of Trust and the other Security Documents insofar as they refer to the Mortgaged Property, subject only to Permitted Liens, to the extent of Mortgagor’s interests therein. necessary to avoid causing a Material Adverse matters of title that are known to Mortgagor and which are material to the continuing business operations of Mortgagor are disclosed on the Exhibits, where applicable. If adverse matters of title which are material to the continuing business operations of Mortgagor arise at any future time during which this Mortgage remains in force, Mortgagor will promptly advise Credit Facility Agent in writing as to such mattersEffect.

Title to Mortgaged Property and Lien of this Instrument. With respect to the property identified at Exhibit A and Exhibit B hereto, Mortgagor owns, or has valid leasehold rights to, the Mortgaged Property free and clear of any liens, claims or interests, except for Permitted Liens, or matters disclosed in title opinions delivered to Mortgagee by counsel to Mortgagor contemporaneously herewith, and this Mortgage creates valid, enforceable first priority liens and security interests against the Mortgaged Property identified at Exhibit A and Exhibit B. With respect to the Mortgaged Property identified at Exhibit C and Exhibit D hereto, Mortgagor does not warrant title, but to Mortgagor’s knowledge Mortgagor owns, or has valid leasehold rights Location: ; County: ; State: to, as applicable, the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Liens, and this Mortgage creates valid, enforceable liens and security interests against the Mortgaged Property only to the extent of Mortgagor’s interests therein. Notwithstanding the foregoing, as such Mortgaged Property identified at Exhibit C is incorporated into Borrower’s five year mine plan (the “Incorporated Property”), the Mortgagor warrants, represents and covenants to Mortgagee that, at the time of such incorporation, Mortgagor owns, or has valid leasehold rights to, the Incorporated Property free and clear of any liens, claims or interests, except for Permitted Liens, or matters disclosed in title opinions delivered to Mortgagee by counsel to Mortgagor at the time of incorporation and reasonably accepted by the Credit Facility Agent, and this Mortgage creates valid, enforceable first priority liens and security interests against the Incorporated Property. Adverse matters of title that are known to Mortgagor and which are material to the continuing business operations of Mortgagor are disclosed on the Exhibits, where applicable. If adverse matters of title which are material to the continuing business operations of Mortgagor arise at any future time during which this Mortgage remains in force, Mortgagor will promptly advise Credit Facility Agent in writing as to such matters.”

Title to Mortgaged Property and Lien of this Instrument. With respect to the property identified at Exhibit A and Exhibit B hereto, Mortgagor Grantor owns, or has valid leasehold rights to, as applicable, the Mortgaged Property free and clear of any liens, claims or interests, except for Permitted Liens, or matters disclosed in title opinions delivered to Mortgagee Beneficiary by counsel to Mortgagor Grantor contemporaneously herewith, and this Mortgage Deed of Trust creates valid, enforceable first priority liens and security interests against the Mortgaged Property identified at Exhibit A and Exhibit B. A. With respect to the Mortgaged Property identified at Exhibit C B and Exhibit D C hereto, Mortgagor Grantor does not warrant title, FORM OF DEED OF TRUST (OIL AND GAS - PIPELINE) TEMPLATE FOR WEST VIRGINIA, CERTAIN STATE-SPECIFIC CHANGES WILL BE MADE AS APPLICABLE FOR OTHER JURISDICTIONS but to MortgagorGrantor’s knowledge Mortgagor Grantor owns, or has valid leasehold rights to, as applicable, the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Liens, and this Mortgage Deed of Trust creates valid, enforceable liens and security interests against the Mortgaged Property only to the extent of MortgagorGrantor’s interests therein. Adverse matters of title that are known to Mortgagor Grantor and which are material to the continuing business operations of Mortgagor Grantor are disclosed on the Exhibits, where applicable. If adverse matters of title which are material to the continuing business operations of Mortgagor Grantor arise at any future time during which this Mortgage Deed of Trust remains in force, Mortgagor Grantor will promptly advise Credit Facility Agent in writing as to such matters.