Fixture Filing, Etc. Without in any manner limiting the generality of any of the other provisions of this Mortgage: (i) some portions of the goods described or to which reference is made herein are or are to become Fixtures on the land described or to which reference is made herein or on Exhibit A; (ii) the security interests created hereby under applicable provisions of the Applicable UCC will attach to all As-Extracted Collateral (all minerals including oil and gas and the Accounts resulting from the sale thereof at the wellhead or minehead located on the Oil and Gas Properties described or to which reference is made herein or on Exhibit A) and all other Hydrocarbons; (iii) this Mortgage is to be filed of record in the real estate records or other appropriate records as a financing statement; and (iv) the Mortgagor is the record owner of the real estate or interests in the real estate or immoveable property comprised of the Mortgaged Property.
Fixture Filing, Etc. Without in any manner limiting the generality of any of the other provisions of this Mortgage: (i) some portions of the goods described or to which reference is made herein are or are to become fixtures on the land described or to which reference is made herein or on attached Exhibit A; (ii) the security interests created hereby under applicable provisions of the Applicable UCC will attach to Hydrocarbons (minerals including oil and gas) or the accounts resulting from the sale thereof at the wellhead or minehead located on the land described or to which reference is made herein; (iii) this Mortgage is to be filed or filed of record in the real estate records as a financing statement, and (iv) Mortgagor is the record owner of the real estate or interests in the real estate comprised of the Mortgaged Property.
Fixture Filing, Etc. Without in any manner limiting the generality of any of the other provisions of this Mortgage: (i) some portions of the goods described or to which reference is made herein are or are to become Fixtures on the land described or to which reference is made herein or on Exhibit A; (ii) the security interests created hereby under applicable provisions of the Applicable UCC will attach to all As-Extracted Collateral and all other Hydrocarbons; (iii) this Mortgage may be filed of record in the real estate records, Uniform Commercial Code records or other appropriate records as a financing statement; and (iv) one or more of the Mortgagors is the record owner of the real estate or interests in the real estate or immoveable property comprised of the Mortgaged Property.
Fixture Filing, Etc. 6 Section 2.05. Pro Rata Benefit 6 Section 2.06. Excluded Properties 7 ARTICLE III ASSIGNMENT OF AS-EXTRACTED COLLATERAL Section 3.01. Assignment 7 Section 3.02. No Modification of Payment Obligations 8 Section 3.03. Rights and Title of Consignee 9 ARTICLE IV REPRESENTATIONS, WARRANTIES AND COVENANTS Section 4.01. Title 9 Section 4.02. Defend Title 9 Section 4.03. Not a Foreign Person 9 Section 4.04. Power to Create Lien and Security 10 Section 4.05. Revenue and Cost Bearing Interest 10 Section 4.06. Rentals Paid; Leases in Effect 10 Section 4.07. Operation By Third Parties 10 Section 4.08. Failure to Perform 10 Section 4.09. Abandon, Sales 10 ARTICLE V
Fixture Filing, Etc. 5 Section 1.05
Fixture Filing, Etc. Without in any manner limiting the generality of any of the other provisions of this Amendment or of the Original Mortgage: (1) some portions of the Supplemental Mortgaged Property constitutes goods which are or are to become fixtures on the land described or to which reference is made herein or on attached Exhibit A; (2) the security interests created hereby under applicable provisions of the Applicable UCC will attach to Hydrocarbons (minerals including oil and gas) or the accounts resulting from the sale thereof at the wellhead or minehead located on the land described or to which reference is made herein; and (c) this Amendment is to be filed of record in the real estate records as a fixture filing with respect to all fixtures comprising any part of the Supplemental Mortgaged Property and as a financing statement pursuant to the Applicable UCC with respect to any As-Extracted Collateral and any other personal property comprising any part of the Supplemental Mortgaged Property. Mortgagor is the record owner of the real estate or interests in the real estate comprised of the Supplemental Mortgaged Property.
Fixture Filing, Etc. 6 2.5. Pro Rata Benefit 7 2.6. Excluded Assets 7 SECTION 3 Assignment of As-Extracted Collateral 7 3.1. Assignment 7 3.2. No Modification of Payment Obligations 8 SECTION 4 Representations, Warranties and Covenants 8 4.1. Title 8 4.2. Defend Title 9 4.3. Not a Foreign Person 9 SECTION 5 Rights and Remedies 9 5.1. Event of Default 9 5.2. Foreclosure and Sale 10 5.3. Agents 11 5.4. Specific Performance; Keeper 11 5.5. Foreclosure for Installments 12 5.6. Separate Sales 12 5.7. Possession of Mortgaged Property 12 5.8. Occupancy After Foreclosure 13 5.9. Remedies Cumulative, Concurrent and Nonexclusive 13 5.10. Discontinuance of Proceedings 13 5.11. No Release of Obligations 13 5.12. Release of and Resort to Collateral 14 5.13. Waiver of Redemption, Notice and Marshalling of Assets, Etc. 14 5.14. Application of Proceeds 14 5.15. Resignation as Operator 15 5.16. Exculpation; Indemnity 15 5.17. Failure to Perform 15 5.18. Limitations on Rights and Waivers 15 5.19. Self-Proving 15 SECTION 6 Miscellaneous 16 6.1. Releases 16 6.2. Severability 17 6.3. Successors and Assigns 17 6.4. Satisfaction of Prior Encumbrance 17 6.5. Application of Payments to Certain Obligations 17 6.6. Nature of Covenants 17 6.7. Notices 17 6.8. Expenses 17 6.9. Counterparts 17 6.10. Governing Law 18 6.11. Filing of Financing Statements 18 6.12. Limit on Obligations and Collateral 19 6.13. References 19 6.14. Louisiana Defined Terms 19 6.15. No Paraph 19 6.16. Acceptance 19 6.17. Waivers 19 6.18. Intercreditor Agreements 20 Exhibit A Hydrocarbon Interests MORTGAGE, ASSIGNMENT * UNITED STATES OF AMERICA OF AS-EXTRACTED COLLATERAL, * SECURITY AGREEMENT AND * STATE OF TEXAS FIXTURE FILING * * BY * COUNTY OF XXXXXX * VINE OIL & GAS LP * * IN FAVOR OF * * HSBC BANK USA, * NATIONAL ASSOCIATION, * AS COLLATERAL AGENT * * * * * * * * * * * * * * * * * * * * * * * * * BE IT KNOWN, that on this day of , 20 ; BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in and for the aforesaid County/Parish and State, and in the presence of the two undersigned competent witnesses: PERSONALLY CAME AND APPEARED: VINE OIL & GAS LP, a Delaware limited partnership (the last four digits of whose Taxpayer Identification Number are 9302), whose mailing address is 0000 Xxxxxxx Xxxxxxx, Xxxxx 000, Xxxxx, Xxxxx 00000, appearing herein through its representative, duly authorized by the certified resolutions attached to this instrument (“Mortgagor”); Who declared that: THIS MORTGAGE, ASSIGNMENT OF AS-...
Fixture Filing, Etc. Without in any manner limiting the generality of any of the other provisions of this Mortgage: (i) some portions of the goods described or to which reference is made herein are or are to become Fixtures on the land described or to which reference is made herein or on Exhibit A; (ii) the security interests created hereby under applicable provisions of the Applicable UCC will attach to all As-Extracted Collateral from or attributable to the Oil and Gas Properties and all other Hydrocarbons; (iii) Mortgagor is the record owner of the real estate or holds another interest of record in the real estate or immoveable property comprised of the Mortgaged Property and (iv) Mortgagee is authorized to file a financing statement with respect to such UCC Collateral with such Louisiana filing office(s) as the Mortgagee deems appropriate.
Fixture Filing, Etc. 6 2.5. Pro Rata Benefit 7 2.6. Excluded Properties 7 SECTION 3 Assignment of PRODUCTION
Fixture Filing, Etc. Without in any manner limiting the generality of any of the other provisions of this Deed of Trust: (i) some portions of the goods described or to which reference is made herein are or are to become Fixtures on the land described or to which reference is made herein or on Exhibit A; (ii) this Deed of Trust is to be filed of record in the real estate records or other appropriate records as a financing statement; and (iii) the Trustor is the record owner of the real estate or interests in the real estate or immoveable property comprised of the Deed of Trust Property.
