0001193125-08-006764 Sample Contracts

AMENDED AND RESTATED DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (TENNESSEE)
Pantry Inc • January 15th, 2008 • Retail-auto dealers & gasoline stations • New York

THIS AMENDED AND RESTATED DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (TENNESSEE) (this “Deed of Trust”) is dated as of January 9, 2008, by and among THE PANTRY, INC., a Delaware corporation (“Grantor”), whose address is 1801 Douglas Drive, Sanford, North Carolina 27330, TRSTE II, INC., a Tennessee corporation (“Trustee”), whose address is 10 South Jefferson Street, Roanoke, Virginia 24011 for the benefit of WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent (“Agent”) for the lenders party to the Credit Agreement (defined below) (such lenders, together with their respective successors and assigns, collectively, the “Lenders”), having an address at 201 South College Street, CP-8,

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THIS MORTGAGE CONSTITUTES A FINANCING STATEMENT FILED AS A FIXTURE FILING UNDER ARTICLE 9 OF THE UNIFORM COMMERCIAL CODE OBLIGATIONS SECURED HEREBY PROVIDE FOR A FLUCTUATING INTEREST RATE MULTISTATE AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT,...
Security Agreement • January 15th, 2008 • Pantry Inc • Retail-auto dealers & gasoline stations • New York

THIS AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (SOUTH CAROLINA) (this “Mortgage”) is dated as of January 9, 2008, by and among THE PANTRY, INC., a Delaware corporation (“Mortgagor”), whose address is 1801 Douglas Drive, Sanford, North Carolina 27330 and WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent (“Agent”) for the lenders party to the Credit Agreement (defined below) (such lenders, together with their respective successors and assigns, collectively, the “Lenders”), having an address at 201 South College Street, CP-8, Charlotte, North Carolina 28288-0680 (Agent, together with its successors and assigns, “Mortgagee”).

OBLIGATIONS SECURED HEREBY PROVIDE FOR A FLUCTUATING INTEREST RATE MULTISTATE MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (LOUISIANA)
Pantry Inc • January 15th, 2008 • Retail-auto dealers & gasoline stations • New York

BE IT KNOWN, that on the 9th of January, 2008, before me, the undersigned Notary Public, duly commissioned and qualified in and for the State of North Carolina and the County of Mecklenburg, and in the presence of the undersigned competent witness, personally came and appeared:

OBLIGATIONS SECURED HEREBY PROVIDE FOR A FLUCTUATING INTEREST RATE AMENDED AND RESTATED DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (NORTH CAROLINA) by and from THE PANTRY, INC., “Grantor” to TRSTE, INC.,...
Security Agreement • January 15th, 2008 • Pantry Inc • Retail-auto dealers & gasoline stations • New York

THIS AMENDED AND RESTATED DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (NORTH CAROLINA) (this “Deed of Trust”) is dated as of January 9, 2008, by and among THE PANTRY, INC., a Delaware corporation (“Grantor”), whose address is 1801 Douglas Drive, Sanford, North Carolina 27330, TRSTE, INC., a Virginia corporation qualified to do business in North Carolina, whose address is 301 South Tryon Street, Charlotte, North Carolina 28202, the trustee hereunder (“Trustee”), for the benefit of WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent (“Agent”) for the lenders party to the Credit Agreement (defined below) (such lenders, together with their respective successors and assigns, collectively, the “Lenders”), having an address at 201 South College Street, CP-8, Charlotte, North Carolina 28288-0680 (Agent, together with its successors and assigns, “Beneficiary”).

OBLIGATIONS SECURED HEREBY PROVIDE FOR A FLUCTUATING INTEREST RATE MULTISTATE AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (INDIANA) by and from THE PANTRY, INC., “Mortgagor” to WACHOVIA BANK,...
Security Agreement • January 15th, 2008 • Pantry Inc • Retail-auto dealers & gasoline stations • New York

THIS AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (INDIANA) (this “Mortgage”) is dated as of January 9, 2008, by and among THE PANTRY, INC., a Delaware corporation (“Mortgagor”), whose address is 1801 Douglas Drive, Sanford, North Carolina 27330 and WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent (“Agent”) for the lenders party to the Credit Agreement (defined below) (such lenders, together with their respective successors and assigns, collectively, the “Lenders”), having an address at 201 South College Street, CP-8, Charlotte, North Carolina 28288-0680 (Agent, together with its successors and assigns, “Mortgagee”).

OBLIGATIONS SECURED HEREBY PROVIDE FOR A FLUCTUATING INTEREST RATE AMENDED AND RESTATED DEED TO SECURE DEBT, SECURITY AGREEMENT, AND ASSIGNMENT OF RENTS [GEORGIA] by and from THE PANTRY, INC., “Grantor” To WACHOVIA BANK, NATIONAL ASSOCIATION, in its...
Pantry Inc • January 15th, 2008 • Retail-auto dealers & gasoline stations • New York

THIS AMENDED AND RESTATED DEED TO SECURE DEBT, SECURITY AGREEMENT, AND ASSIGNMENT OF RENTS (Georgia) (this “Deed to Secure Debt”) is dated as of as of January 9, 2008, by and from THE PANTRY, INC., a Delaware corporation (“Grantor”), having a mailing address at 1801 Douglas Drive, Sanford, North Carolina 27330, to WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent (“Agent”) for the lenders party to the Credit Agreement (defined below) (such lenders, together with their respective successors and assigns, collectively, the “Lenders”), having a mailing address at 201 South College Street, Charlotte, North Carolina 28288-0680 (Agent, together with its successors and assigns, “Grantee”).

OBLIGATIONS SECURED HEREBY PROVIDE FOR A FLUCTUATING INTEREST RATE MULTISTATE MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (ALABAMA) by and from THE PANTRY, INC., “Mortgagor” to WACHOVIA BANK, NATIONAL ASSOCIATION,...
Mortgage, Security Agreement • January 15th, 2008 • Pantry Inc • Retail-auto dealers & gasoline stations • New York

THIS MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (ALABAMA) (this “Mortgage”) is dated as of January 9, 2008 by and among THE PANTRY, INC., a Delaware corporation (“Mortgagor”), whose address is 1801 Douglas Drive, Sanford, North Carolina 27330 and WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent (“Agent”) for the lenders party to the Credit Agreement (defined below) (such lenders, being set forth individually on Exhibit B attached hereto and incorporated herein by this reference, and, together with their respective successors and assigns, are referred to herein collectively, the “Lenders”), having an address at 201 South College Street, CP-8, Charlotte, North Carolina 28288-0680 (Agent, together with its successors and assigns, referred to herein as “Mortgagee”).

OBLIGATIONS SECURED HEREBY PROVIDE FOR A FLUCTUATING INTEREST RATE COLLATERAL IS OR INCLUDES FIXTURES THE MAXIMUM PRINCIPAL AMOUNT OF INDEBTEDNESS SECURED HEREBY IS THE INDEBTEDNESS SECURED HEREBY HAS A FINAL MATURITY DATE OF MAY 15, 2014 MULTISTATE...
Security Agreement • January 15th, 2008 • Pantry Inc • Retail-auto dealers & gasoline stations • New York

THIS AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (KENTUCKY) (this “Mortgage”) is dated as of January 9, 2008, by and among THE PANTRY, INC., a Delaware corporation (“Mortgagor”), whose address is 1801 Douglas Drive, Sanford, North Carolina 27330 and WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent (“Agent”) for the lenders party to the Credit Agreement (defined below) (such lenders, together with their respective successors and assigns, collectively, the “Lenders”), having an address at 201 South College Street, CP-8, Charlotte, Mecklenburg County, North Carolina 28288-0680 (Agent, together with its successors and assigns, “Mortgagee”).

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