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2012a1594 further or additional title, estates, interest or rights which may exist now or at any time be acquired by Grantor in or to the property demised under the lease creating such leasehold esta.te and including Grantor's rights, if any, to the property demised under such lease and, if fee simple title to any of such property shall ever become vested in Grantor such fee simple interest shall be encumbered by this Deed of Trust in the same manner as if Grantor had fee simple title to sa.id property as of the date of execution hereof. TO HAVE AND TO HOLD the Property, unto Trustee and Trustee's successors, substitutes or assigns, in trust and for the uses and purposes herein set forth, forever, together with all rights, privileges, hereditaments and appurtenances in anywise appertaining or belonging thereto, subject only to the Permitted Exceptions (herein so called) listed on Ea�hibit B atta.ched hereto (to the e�ent that the same are valid, subsisting and affect the Property), and Grantor for Grantor and Grantor's successors, hereby agrees to warrant and forever defend, all and singular, the Property unto Trustee and trustee's successors or substitutes in this trust against the claim or claims of all persons claiming or to claim the same or any part thereof, subject, however, as aforesaid. For the avoidance of doubt, the term "Property" shall not include any property owned by Tenant. Capitalized terms used above and elsewhere in this Deed of Trust without definition have the meanings given them in the Loan Agreement refened to in Subsection 1.2(a2iii) below. 1.2 Secured Obli at� ions. (a) Grantor makes the grant, conveyance, and Deed of Trust set forth in Section 1.1 above, and grants the security interest set forth in Section 3 below for the purpose of securing the following obligations (the "Secured Obligations") in any order of priority that Beneficiary may choose: (i) Payment of all obligations at any time owing under a promissory note (the "Note") bearing even date herewith, payable by Borrowers as maker in the stated principal amount of Seventy-One Million Four Hundred Thousand Dollars ($71,400,000.00) to the order of Beneficiary; and (ii) Payment and performance of all obligations of Grantor under this Deed of Trust; and (iii) Payment and performance of all obligations of Borrowers under a Secured Loan Agreement bearing even date herewith among CHT Partners, LP, CHT Senior Living Holding, LLC, CHT Casper WY Senior Living, LLC, Grantor, CHT Billings MT Senior Living, LLC, CHT Marion OH Senior Living, LLC, CHT Mansfield OH Senior Living, LLC (collectively, "Borrowers") and Beneficiary as"Lender" (as the same may be here�.fter amended, restated, supplemented or otherwise modified pursuant to the terms thereof, the "Loan Agreement"); and (iv) Payment and performance of any obligations of Borrowers under any Loan Documents which are executed by Borrowers; DEED OF TRUST — Page 3 #3982161