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201203312
<br />in each case whether on account of principal, interest, reimbursement
<br />obligations, fees, indemnities, costs, expenses or otherwise (including, but
<br />not limited to, all reasonable fees, charges and disbursements of counsel to
<br />Beneficiary that are required to be paid by Grantor pursuant to the terms
<br />of the Indenture, this Deed of Trust or any other Transaction Document);
<br />and
<br />(c) the performance and observance of each obligation, term, covenant and
<br />condition to be performed or observed by Grantor under, in connection
<br />with or pursuant to the provisions of the Transaction Documents;
<br />GRANTOR HEREBY CONVEYS TO TRUSTEE AND HEREBY GRANTS, ASSIGNS,
<br />TRANSFERS AND SETS OVER TO TRUSTEE, IN TRUST, FOREVER, WITH POWER OF
<br />SALE FOR THE USE AND BENEFIT OF BENEFICIARY, AND GRANTS TRUSTEE AND
<br />BENEFICIARY A SECURITY INTEREST IN:
<br />(A) the Owned Land and all Improvements thereon;
<br />(B) the leasehold, easement, easement in gross, or other estate created under
<br />and by virtue of the Occupancy Agreement(s), any interest in any fee, easement,
<br />easement in gross, or other greater or lesser title to the Occupied Land and Improvements
<br />located thereon that Grantor may own or hereafter acquire (whether acquired pursuant to
<br />a right or option contained in any Occupancy Agreement or otherwise and whether
<br />acquired in connection with a termination of any Occupancy Agreement or otherwise),
<br />and all credits, deposits, options, privileges and rights of Grantor under any Occupancy
<br />Agreement (including all rights of use, occupancy and enjoyment) and under any
<br />amendments, supplements, extensions, renewals, restatements, replacements and
<br />modifications thereof (including, without limitation (i) the right to give consents, (ii) the
<br />right to receive moneys payable to Grantor, (iii) the right, if any, to renew or extend the
<br />Occupancy Agreements for a succeeding term or terms, (iv) the right, if any, to purchase
<br />the Occupied Land and Improvements located thereon and (v) the right to terminate or
<br />modify the Occupancy Agreements); all of Grantor's claims and rights to the payment of
<br />damages arising under the Bankruptcy Code (as defined below) from any rejection of the
<br />Occupancy Agreements by the lessor thereunder or any other party;
<br />(C) all right, title and interest Grantor now has or may hereafter acquire in and
<br />to the Improvements or any part thereof (whether owned in fee by Grantor or held
<br />pursuant to any Occupancy Agreement or otherwise) and all the estate, right, title, claim
<br />or demand whatsoever of Grantor, in possession or expectancy, in and to the Real Estate
<br />or any part thereof;
<br />(D) all right, title and interest of Grantor in, to and under all easements, rights
<br />of way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses,
<br />water and riparian rights, development rights, air rights, mineral rights and all estates,
<br />rights, titles, interests, privileges, licenses, tenements, hereditaments and appurtenances
<br />belonging, relating or appertaining to the Real Estate, and any reversions, remainders,
<br />
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