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HomeMy WebLinkAbout2330 a Tennessee corporation, New England Mutual Life Insurance Company, a riassachusetts corporation, Southern Farm Bureau Life Insurance Company, a Mississippi vorpora~~on, United Benefit Life Insurance Company, a Nebraska corporation, and Wisconsin National Life Insurance Company, a Wisconsin corporation, their successors and assigns. Notes - As defined in the mortgaging clause; the Series B Notes only, after payment in full of the Series A Note. Officer's Certificate - A certificate signed by the Presi ent or a Vice President of the Company. Other Indentures - collectiv~ly, (a) blanket mort- gages i entica to is Indenture executed, or to be exe- cuted, by the Company and the Trustees for the ratable benefit of th~ Beneficiaries eonstituting a first lien on i the Other Properties and (b) individual mortgages, deeds ~ of trust or other security instruments to, or for the ~ benefit of, the Trustees in recordable form (with the applicable blanket mortgage attached as an exhibit thereto) ~ covering each of the Other Properties and incorporating by ~ reference the provisions of the applicable blanket mortgage. ~ Other Properties = various other retail store prop- ~ erties acquired, or to be acquired, by the Company before or after the date hereof and more particularly described ~ ~n Schedule A to the Other Indentures. ~ ~ Permitted Encumbrances -(a) The Lease, {b) the ~ matters set forth in Schedule-A, in~ofar as the same may ~ ~ at the time be in effect and be applicable to the Properties or any Property or any part thereof, (c) liens, if any, for £ taxes, assessments and governmental charges not yet due or delinquent, or being contested in good faith and by appro- ~ priate proceedings in accordance with Article XV of the Lease, (d) all mPchanics' and materialmen's liens insured , ~ against under the title insurance policies delivered pursuant to Section 4.7 of the Agreements, (e) any and all - municipal and public utility easements which may hereafter - be granted by the Company and which d~ not unduly interfere with the use of the affected Prop~rties or materially impair the value thereof, and (f) such other title objections as the Beneficiaries may approve. y;= - = Pledge Agreement - an agreement executed by Kwik- r~ ~ ~ ~.3 L~~ l,~y 'SS~.-. 5 a.. ~~y` ~~8~01(r.~+~! iN~~l . ~K , - _ ~ _ _ - - - - ~ ~ . ~ - ~=i__... . . , ~