or rearrangement of
the Indebtedness or Obligations, or any part thereof, shall not release or
impair the lien, security interest, and other rights granted hereby, or affect
the liability of any endorser or guarantor or improve the right of any junior
lienholder; and this Deed of Trust, as well as any instrument given to secure
any amendment, extension, renewal, or rearrangement of the Indebtedness or
Obligations, or any part thereof, shall be and remain a first and prior lien,
except as otherwise provided herein, on all of the Mortgaged Property not
expressly released until the Indebtedness is fully and finally paid and
performed and the Obligations are fully performed and discharged.
12.18 Headings. The Article, Section, and Subsection entitlements hereof
are inserted for convenience of reference only and shall in no way alter,
modify, or define, or be used in construing the text of such Articles, Sections,
or Subsections.
12.19 Entire Agreement; Amendment. THIS DEED OF TRUST AND THE OTHER LOAN
DOCUMENTS EMBODY THE FINAL, ENTIRE AGREEMENT AMONG THE PARTIES HERETO AND
SUPERSEDE ANY AND ALL PRIOR COMMITMENTS, AGREEMENTS, REPRESENTATIONS, AND
UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, RELATING TO THE SUBJECT MATTER HEREOF
AND THEREOF AND MAY
DEED OF TRUST - Page 44
NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR
SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS OF THE PARTIES HERETO. THERE ARE NO
ORAL AGREEMENTS AMONG THE PARTIES HERETO. The provisions hereof and the other
Loan Documents may be amended or waived only by an instrument in writing signed
by Grantor and Beneficiary.
12.20 Waiver of Right to Trial by Jury. GRANTOR HEREBY IRREVOCABLY AND
UNCONDITIONALLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT,
PROCEEDING, OR COUNTERCLAIM THAT RELATES TO OR ARISES OUT OF ANY OF THE LOAN
DOCUMENTS OR THE ACTS OR FAILURE TO ACT OF OR BY BENEFICIARY OR ANY SECURED
CREDITOR IN THE ENFORCEMENT OF ANY OF THE TERMS OR PROVISIONS OF THIS DEED OF
TRUST OR THE OTHER LOAN DOCUMENTS.
The Remainder of This Page Is Intentionally Left Blank.
DEED OF TRUST - Page 45
EXECUTED as of the date first above written.
NOTICE OF INDEMNIFICATION:
GRANTOR:
GRANTOR HEREBY ACKNOWLEDGES AND AGREES THAT THIS DEED OF TRUST
CONTAINS CERTAIN INDEMNIFICATION PROVISIONS PURSUANT TO SECTION 8.4 HEREOF.
SOUTHERN FLOW COMPANIES, INC.,
a Delaware corporation
By:
Gary J. Zuiderveen
Chief Financial Officer, Treasurer and Secretary
STATE OF
§
§ COUNTY OF
§
The foregoing instrument was ACKNOWLEDGED before me this
day of
August, 2007, by Gary J. Zuiderveen, the Chief Financial Officer, Treasurer and
Secretary of Southern Flow Companies, Inc., a Delaware corporation, on behalf of
said corporation.
[ S E A L ]
Notary Public, State of
My Commission Expires:
Printed Name of Notary Public
DEED OF TRUST - Signature Page -
EXHIBIT "A"
Land Description
Name of owner of fee title to Land:
EXHIBIT "A", Land Description - Solo Page
EXHIBIT "B"
Permitted Exceptions
EXHIBIT "B ", Permitted Exceptions - Page 1