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201310005
<br />2. Secured Obligations. This Deed of Trust is given to secure the prompt payment and
<br />performance when due of the following (collectively, the "Obligations "): (a) all indebtedness,
<br />obligations and liabilities of Borrower under the Promissory Notes, together with interest and
<br />prepayment premiums, if any, according to the terms thereof, and all and any other notes given in
<br />substitution therefor or in modification, renewal, or extension thereof, in whole or in part, and any
<br />increases or future advances (such Promissory Notes and all other notes given in substitution therefor
<br />or in modification, renewal, or extension thereof, in whole or in part, are hereinafter collectively called
<br />the "Notes "); (b) all indebtedness, liabilities, and obligations of Borrower now or hereafter incurred or
<br />arising pursuant to the provisions of this Deed of Trust, the Loan Agreement or any other agreement or
<br />instrument now or hereafter evidencing, securing and/or guarantying the obligations of Borrower under
<br />the Notes or Loan Agreement or any part thereof (such other instruments and agreements, including
<br />without limiting the foregoing, the Loan Agreement, are hereinafter collectively referred to as the
<br />"Loan Documents "); (c) each and every performance obligation, covenant and agreement of Borrower
<br />incorporated by reference or contained herein, or contained in the Notes, Loan Agreement, or Loan
<br />Documents; (d) all future advances made pursuant to the Loan Agreement or deemed necessary or
<br />desirable by any Lender to protect the Premises, or to defend this Deed of Trust and the priority lien
<br />created hereby and (e) any and all other indebtedness, liabilities, and obligations of Borrower to any
<br />Lender of any nature whatsoever, whether arising out of contract, tort, or otherwise, including, without
<br />limitation, obligations arising under any and all present and future loans, advances, and/or other
<br />extensions of credit obtained and/or to be obtained by Borrower from any Lender, and any and all
<br />present and future guaranties made by Borrower in favor of any Lender, and any and all instruments
<br />and agreements evidencing such present and/or future loans, advances, other extensions of credit,
<br />and/or guaranties, together with interest, costs, expenses, attorneys' fees and other fees and charges.
<br />Nothing contained herein shall constitute a commitment of any Lender to make any additional or future
<br />loans or advances in any amount.
<br />3. Warranty of Title. Borrower warrants to Trustee and Lenders that: (1) Borrower is
<br />lawfully seized and possessed of good, marketable, and indefeasible fee simple title to the Property,
<br />subject only to the declarations, covenants, easements, restrictions and those liens or encumbrances
<br />listed in the schedule of exceptions to coverage in the title insurance policy insuring Lenders'
<br />interest in the Property and otherwise acceptable to Lenders (collectively, the "Permitted
<br />Exceptions "), and (2) Borrower has the full right, power, and authority to execute and deliver this
<br />Deed of Trust to Trustee and Lenders. Subject only to the Permitted Exceptions, if any, Borrower
<br />warrants and will forever defend the title to the Property against the claims of all persons.
<br />4. Maintenance and Compliance with Laws. Borrower shall keep the Property in good
<br />condition and repair, ordinary wear and tear excepted, and shall promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value. Borrower shall promptly complete or
<br />restore promptly and in good and workmanlike manner any portion of the Property which may be
<br />damaged or destroyed, and shall, subject to the Loan Agreement, pay, when due, all claims for labor
<br />performed and materials furnished on or to the Premises or Improvements, and any and all other claims
<br />which could result in a lien on the Property or any part thereof. Borrower shall not commit waste or
<br />permit impairment or deterioration of the Property. In addition to its obligation to comply with all
<br />"Applicable Environmental Laws" as provided below, Borrower shall comply with all other laws,
<br />ordinances, regulations, covenants, conditions, and restrictions affecting the Property or any part
<br />892675/5/COLUMBUS
<br />065439.00078
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