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20131000
<br />Lease between Borrower, as landlord, and Chief Industries, Inc., as tenant, now or hereafter
<br />entered into or presently in existence and all rights, title, and interest of the Borrower
<br />thereunder, including cash and securities deposited under said leases to secure the performance
<br />by the lessees of their obligations thereunder or otherwise, whether before or after the filing by
<br />or against Borrower of any petition for relief under 11 U.S.C. §101 et seq., as the same may be
<br />amended from time to time or any successor statute thereto; (vii) all licenses, permits,
<br />authorizations, or approvals of any type or nature whatsoever, now owned or held or hereafter
<br />acquired which relate to the use, development or occupancy of the Premises or the
<br />Improvements, or any portion thereof; (viii) all insurance monies relating to the Premises or the
<br />Improvements, or any portion thereof, and all funds, monies, certificates of deposit,
<br />instruments, letters of credit and deposits of the Borrower held by, deposited with, or paid or
<br />payable to the Beneficiary; (ix) all rents ( "Rents ") from, all issues, uses, profits, proceeds
<br />(including insurance proceeds) and condemnation awards, all products of, all replacements and
<br />substitutions for, and other rights and interests now and hereafter belonging to, any of the
<br />foregoing, all regardless of whether paid or accruing before or after the filing by or against
<br />Borrower of any petition for relief under 11 U.S.C. §101 et seq., as the same may be amended
<br />from time to time or any successor statute thereto; (x) any and all awards or payments
<br />( "Awards ") accepted in lieu thereof, and including interest thereon and the right to receive the
<br />same, which may be made with respect to the Premises or the Improvements, or any portion
<br />thereof as the result of: (A) the exercise of the right of eminent domain; (B) the alteration of the
<br />grade of any street; or (C) any injury to or decrease in the value of the Premises or the
<br />Improvements, or any portion thereof, to the extent of the Obligations at the date of the receipt
<br />of any such award or payment by the Beneficiary and to the extent of the reasonable attorneys'
<br />fees, costs, and expenses incurred by the Beneficiary in connection with enforcement thereof
<br />and the collection of any such award or payment; (xi) all construction materials (whether or not
<br />incorporated into the Improvements, or any portion thereof) now owned or hereafter acquired
<br />by the Borrower and located upon or intended to be used in, on, or about the Premises or the
<br />Improvements, or any portion thereof, and in all accessories, parts and accessions attached to or
<br />used in connection therewith; (xii) any and all soil studies and reports, environmental audits,
<br />plans, specifications, drawings, computations, sketches, test data, survey results, models,
<br />photographs, renderings, contract rights, rights, agreements, and other tangible or intangible
<br />property now or hereafter issued, used in connection with, essential to or relating to the
<br />Premises or the Improvements, or any portion thereof, or the development and construction of
<br />improvements thereon; and (xiii) all of Borrower's right, title and interest in and to all special
<br />development and declarant rights, including without limitation all development rights and all
<br />other comparable rights of Borrower as declarant or successor to declarant arising now or in the
<br />future under applicable law; and
<br />e. Any and all proceeds, cash and noncash, and products of the foregoing in whatever
<br />form and all accessions thereto, substitutions and replacements therefor.
<br />The Premises, Improvements, Personal Property, Fixtures, Leases, Rents, Equipment, Awards, and all
<br />other real and personal property described in this paragraph are hereinafter collectively referred to as
<br />the "Property." This Deed of Trust is a Deed of Trust referred to in, and is entitled to the benefits of,
<br />the Loan Agreement dated as of even date herewith by and between Borrower and Lenders (as may be
<br />amended, modified, renewed and restated from time to time, the "Loan Agreement ").
<br />892675/5/COLUMBUS
<br />065439.00078
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