ALSO BEING EXECUTED IN SEVERAL
COUNTERPARTS, ALL OF WHICH ARE IDENTICAL, EXCEPT THAT TO FACILITATE RECORDATION,
WHERE ADDITIONAL PROPERTY IS BEING ADDED TO THE MORTGAGED PROPERTY BY THE
SUPPLEMENTING PARAGRAPHS OF THIS AMENDMENT AND SUCH PROPERTY IS SITUATED IN MORE
THAN ONE COUNTY, DESCRIPTIONS OF ONLY THOSE PORTIONS OF THE MORTGAGED PROPERTY
LOCATED IN THE COUNTY IN WHICH A PARTICULAR COUNTERPART IS RECORDED ARE ATTACHED
AS EXHIBIT A HERETO. A COMPLETE LISTING OF ALL OF THE MORTGAGED PROPERTY CAN BE
OBTAINED BY REFERENCE TO THE EXHIBIT A ATTACHED TO THE COUNTERPART TO THE
AMENDED AND RESTATED MORTGAGE FILED IN THE REAL PROPERTY RECORDS OF BROOKS
COUNTY, TEXAS, THE EXHIBIT A ATTACHED TO THE COUNTERPART TO THE FIRST SUPPLEMENT
FILED IN THE REAL PROPERTY RECORDS OF BROOKS COUNTY, TEXAS, THE EXHIBIT A
ATTACHED TO THE COUNTERPART TO THE FIRST AMENDMENT FILED IN THE REAL PROPERTY
RECORDS OF BROOKS COUNTY, TEXAS, AND THE EXHIBIT A ATTACHED TO THE COUNTERPART
TO THIS AMENDMENT FILED IN THE REAL PROPERTY RECORDS OF BROOKS COUNTY, TEXAS.
3
ARTICLE VIRATIFICATION OF ORIGINAL MORTGAGE. THE ORIGINAL MORTGAGE IS HEREBY
RATIFIED, ADOPTED, CONFIRMED AND RENEWED, EXCEPT WITH RESPECT TO PROPERTIES,
RIGHTS AND INTERESTS PREVIOUSLY RELEASED IN WRITING BY THE ADMINISTRATIVE AGENT.
ALL REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE MORTGAGOR IN THE ORIGINAL
MORTGAGE ARE HEREBY REPEATED, REMADE AND INCORPORATED HEREIN BY REFERENCE ON AND
AS OF THE DATE HEREOF, EXCEPT TO THE EXTENT CHANGED BY THE TRANSACTIONS
CONTEMPLATED BY THIS AMENDMENT, THE ORIGINAL MORTGAGE, OR PREVIOUSLY RELEASED IN
WRITING BY THE ADMINISTRATIVE AGENT AND EXCEPT TO THE EXTENT THAT SUCH
REPRESENTATIONS AND WARRANTIES ARE STATED TO RELATE TO A SPECIFIC EARLIER DATE,
IN WHICH CASE SUCH REPRESENTATIONS AND WARRANTIES SHALL BE TRUE AND CORRECT IN
ALL MATERIAL RESPECTS AS OF SUCH EARLIER DATE.
ARTICLE VIISUCCESSORS AND ASSIGNS. THE TERMS, PROVISIONS, COVENANTS AND
CONDITIONS HEREOF SHALL BE BINDING UPON THE MORTGAGOR, AND THE SUCCESSORS AND
ASSIGNS OF THE MORTGAGOR, AND SHALL INURE TO THE BENEFIT OF ADMINISTRATIVE AGENT
AND ITS SUCCESSORS AND ASSIGNS. ALL REFERENCES IN THIS AMENDMENT TO MORTGAGOR,
ADMINISTRATIVE AGENT OR LENDERS SHALL BE DEEMED TO INCLUDE SUCH SUCCESSORS OR
ASSIGNS.
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ARTICLE VIIIFURTHER ASSURANCES. THE ASSIGNOR HEREBY AUTHORIZES THE MORTGAGEE TO
FILE ALL SUCH FURTHER RELEASES, AMENDMENTS, TERMINATION STATEMENTS, DOCUMENTS,
AGREEMENTS, CERTIFICATES AND INSTRUMENTS AND DO SUCH FURTHER ACTS AS THE
MORTGAGEE MAY REASONABLY REQUIRE TO MORE EFFECTIVELY EVIDENCE OR EFFECTUATE THE
ASSIGNMENT DESCRIBED HEREIN.
ARTICLE IXMISCELLANEOUS. THIS AMENDMENT SHALL BE CONSIDERED A "SECURITY
INSTRUMENT" AS SUCH TERM IS DEFINED IN THE ORIGINAL MORTGAGE.
ARTICLE XCHOICE OF LAW. THIS AMENDMENT SHALL, WITHOUT REGARD TO CONFLICTS OF
LAW, BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF
THE STATE OF TEXAS APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED ENTIRELY
WITHIN SUCH STATE AND THE LAWS OF THE UNITED STATES OF AMERICA, EXCEPT THAT TO
THE EXTENT THAT THE LAW OF A STATE IN WHICH A PORTION OF THE PROPERTY IS LOCATED
(OR WHICH IS OTHERWISE APPLICABLE TO A PORTION OF THE