|
201300074
<br /> (i)One Million Dollars($1,000.000.00); or(ii)a sum equal to half of the amount of
<br /> the Loan;
<br /> (iii) the performance and observance by Borrower and/or Trustor of each
<br /> other term, covenant, agreement, requirement, condition and other provision to be
<br /> performed or observed by Borrower and/or Trustor under any Loan Document;
<br /> (iv) the performance and observance by Borrower and/or Trustor of each
<br /> other term, covenant, agreement, requirement, condition and other provision to be
<br /> performed or observed by Borrower and/or Trustor under all amendments,
<br /> supplements, consolidations, replacements, renewals, extensions or other
<br /> modifications of the foregoing Loan Documents, in each case whether now existing
<br /> or hereafter arising;
<br /> (v) all obligations of the Borrower and/or Trustor under any Related
<br /> Credit Arrangements; and
<br /> (vi) any and all other indebtedness, liabilities and obligations of every
<br /> nature whatsoever(whether or not otherwise secured or to be secured)of Borrower
<br /> and/or Trustor (whether as maker, endorser, surety, guarantor or otherwise) to the
<br /> Secured Parties and/or the Secured Parties' affiliates, whether now existing or
<br /> hereafter created or arising or now owned or howsoever hereafter acquired by the
<br /> Secured Parties and/or the Secured Parties' affiliates, whether such indebtedness,
<br /> liabilities and obligations are or will be joint or several,direct or indirect,absolute or
<br /> contingent, liquidated or unliquidated, matured or unmatured; including, but not
<br /> limited to, any letter of credit issued by Beneficiary for the account of the Borrower
<br /> and/or Trustor;together with all expenses,attorneys' fees,paralegals' fees and legal
<br /> assistants' fees incurred by the Secured Parties and/or the Secured Parties' affiliates
<br /> in the preparation, execution,perfection or enforcement of any document relating to
<br /> any of the foregoing.
<br /> The Obligations shall include,without limitation,any interest,costs,fees and expenses which accrue
<br /> on or with respect to any of the foregoing, whether before or after the commencement of any case,
<br /> proceeding or other action relating to the bankruptcy, insolvency or reorganization of Trustor.
<br /> GRANTING CLAUSES
<br /> NOW THEREFORE, in consideration of the premises and other good and valuable
<br /> consideration, the receipt and sufficiency of which are hereby acknowledged, for the purpose of
<br /> securing the due and punctual payment, performance and observance of the Obligations and
<br /> intending to be bound hereby, Trustor hereby grants, conveys,mortgages, bargains, sells, transfers
<br /> and assigns to Trustee, in trust,with power of sale, for the benefit and security of Beneficiary or to
<br /> Beneficiary as expressly set forth below, and for the purpose and upon the terms and conditions
<br /> hereinafter set forth, with power of sale and right of entry and possession, all of the property and
<br /> rights described in the following Granting Clauses (all of which property and rights are herein
<br /> collectively called the "Mortaaned Pronertv"), to wit:
<br /> -3-
<br />
|