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201305319
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Last modified
8/19/2014 2:23:28 PM
Creation date
7/2/2013 4:44:32 PM
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DEEDS
Inst Number
201305319
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201305319 <br />Section 1.17. Indebtedness Secured by Tennessee Properties. With respect to the <br />property located in the state of Tennessee, this Fee and Leasehold Deed of Trust is made also to <br />secure and enforce payment of all future advances from Administrative Agent and/or Secured <br />Parties to any Loan Party and other future Obligations of any Loan Party to Administrative <br />Agent and/or any Secured Party. THIS FEE AND LEASEHOLD DEED OF TRUST SHALL <br />SECURE ALL FUTURE ADVANCES WHICH MAY BE OBLIGATORY ADVANCES AND <br />IS GIVEN AND INTENDED FOR COMMERCIAL PURPOSES AS SET FORTH FOR <br />PRIORITY PURSUANT TO TENN. CODE ANN. 47- 28- 104(b). THIS FEE AND <br />LEASEHOLD DEED OF TRUST ALSO SECURES CERTAIN FUTURE ADVANCES <br />WHICH ARE OPTIONAL AND NONOBLIGATORY. Repayment to Administrative Agent <br />and/or Secured Parties Lenders of all of Loan Party's indebtedness shall not terminate the lien of <br />this Fee and Leasehold Deed of Trust unless it is released by the Administrative Agent at the <br />request of the Loan Party; otherwise it shall remain in force to secure any future advances and <br />indebtedness, irrespective of any additional security that may be taken as to such indebtedness. <br />Notwithstanding any provision herein to the contrary, the outstanding indebtedness secured by <br />the Property located in Tennessee and secured by this Mortgage shall not, at any time, exceed an <br />aggregate amount of $5,460,869.00. THIS FEE AND LEASEHOLD DEED OF TRUST <br />COVERS PROPERTY WHICH IS OR MAY BECOME SO AFFIXED TO THE REAL <br />PROPERTY AS TO BECOME FIXTURES AND ALSO CONSTITUTES A FIXTURE FILING <br />UNDER TENN. CODE ANN. 47 -9 -502. <br />Section 1.18. Credit Line Deed of Trust Notice Address. The name of the noteholder <br />secured and the address at which communications may be mailed or delivered in accordance with <br />Section 55- 58.2.5 of the Code of Virginia (1950), as amended, is as follows: <br />Wells Fargo Bank, National Association, <br />as Administrative Agent <br />MAC D1109-019 <br />1525 W W.T. Harris Blvd, 1st Floor <br />Charlotte, NC 28262 -8522 <br />Attention: Erika Myers <br />with a copy to: <br />Wells Fargo Bank, National Association, <br />as Administrative Agent <br />MAC T9216 -451 <br />1445 Ross Ave., Suite 4500 <br />Dallas, TX 75202 <br />Attention: Jason M. Hicks <br />Section 1.19. Maturity of Indebtedness. The final maturity of the indebtedness secured <br />hereby, subject to the rights of acceleration, is June 28, 2018. <br />Section 1.20. Limit on Secured Indebtedness. It is the intention of Mortgagor and <br />Administrative Agent that this Mortgage not constitute a fraudulent transfer or fraudulent <br />conveyance under any state or federal Law that may be applied hereto. Mortgagor and, by its <br />18 <br />
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