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C. All other interests of every kind and character which Grantor now has or at any tune
<br />hereafter acquires in and to the property described or referred to in Paragraphs A and B preceding and all
<br />property which is used or usehrl in connection with the land and rlecessories.
<br />TO HAVT' AND TO HOLD the Mortgaged Property, together wish, all and singular, the rights,
<br />hereditaments, and appurtenances in any wise appertaining or belonging thereto, unto Tnrstee, in trust and
<br />f'or the uses and purposes hereinafter set Furth, forever,
<br />Grantor hereby (a) covenants and agrees to warrant and forever defend, all and singular, the Mortgaged
<br />Property unto Trustee, forever, against every person or entity whomsoever lawfully claiming or to claim
<br />the same or any part thereof, and (b) grants to the City of San Marcos. Texas, a Texas municipal
<br />corporation, whose address is 630 East Hopkins, San Marcos, Texas 78666 ("_Vlurtgagee"), a security
<br />interest in the Mortgaged Property, and cash and c~cry part thereof, and in all condemnation proceeds
<br />and similar sums, insurance proceeds, reserves, and other sums, proceeds, and funds referred to in Section
<br />5; provided that the grant of a security interest in the proceeds shall not he deemed to authorize any action
<br />uthenvrse prohibited herern.
<br />SECTION 1. THE OBLIGATION.
<br />1.1 This instrument, and all rights, remedies, powers, privileges, and benefits (collectively,
<br />"Rights") and all titles, interests, liens, and secwity interests (collectively, "Liens") created hereby or
<br />arising by virtue hereof, are given to secure payment and performance of the following indebtedness,
<br />liabilities, and obligatrons (the "Obligation"):
<br />(a) The "Loan," as the term is defined in the Chapter 380 Economic Development Grant and
<br />Luan Agreement (as the same may have been ur hereaCter be renewed, extended, amended, supplemented,
<br />or modified, the "Loan Agreement") dated July I5, 2005 between John Q. Hammons, as "Trustee of the
<br />Revocable Trust of John Q. Hammons, Dated December 28, 1989, as amended and restated and
<br />Mortgagee, including, without limitation, the indebtedness evidenced by that certain Deed of Trust Note
<br />(the "Note") dated July 15, 2005 betvveen John Q. Hammons, as Trustee of the Revocable Trust of John
<br />Q. Hammons, llated December 28, 1989, as amended and restated ("Borrower") and Mortgagee, in the
<br />original principal amount of One Million 1~'ive Hundred "Thousand Dollars ($1,500,000.00) bearing
<br />interest as therein provided with interest and principal being payable as therein provided;
<br />(b) all indebtedness, liabilities, and obligations of Grantor arising under this instrument;
<br />(c) all indebtedness, liabilities and obligations of Grantor arising under the Loan Agreement,
<br />any of the other Loan Documents (as such term is defined in the Loan Agreement), or any other
<br />agreement between (i) Borrower and Holder, (ii) Borrower, Grantor and Holder and/ or among (iii)
<br />Borrower and/ or Grantor, I{older and any other party or parties, pertaining to the rcpayTrrcnt or use of the
<br />proceeds of the Luan evidenced by the Note and Loan Agreement;
<br />(d) all luaus and advances which Mortgagee may hereater make to Borrower and/or Grantor
<br />and all other and additional indebtedness, liabilities, and obligations of every kind and character of
<br />Borrower andior Grantor, nuw or hereafter existing in favor of Mortgagee, regardless of whether such
<br />obligatrons arc direct, indirect, primary, secondary, joint, several, joint and several, liquidated,
<br />unliquidated, tixed, or contingent, and regardless of whether the same may, prior to their acquisition by
<br />Mortgagee, he or have been payable to some other person or entity, rt being the intention and
<br />contemplation of Burrower and/ or Grantor and Mortgagee that fixture advances may he made to
<br />Borrower and/or Grantor lbr a variety of purposes, and that Mortgagee may from trn-e to time acquire
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