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and the following paragraph is substituted in its place:
<br />- 117 -
<br />20 4 0 04®
<br />dated as of even date herewith, with a maturity date of January 10, 2036, made by
<br />Borrower to Lender (the note together with all extensions, renewals or modifications
<br />thereof being hereinafter collectively called the "Note ") and all other Debt (hereinafter
<br />defined), Borrower has mortgaged, given, granted, bargained, sold, aliened, released,
<br />conveyed, confirmed, pledged, assigned, and hypothecated and by these presents does
<br />hereby mortgage, give, grant, bargain, sell, alien, release, convey, confirm, pledge, assign
<br />and hypothecate unto Deed of Trust Trustee in trust the Premises (as defined herein)
<br />which are described in Exhibit A attached hereto and the buildings, structures, fixtures
<br />(except "trade fixtures" as defined in § 19 of Part II of the Lease (as hereinafter defined)
<br />not owned by Borrower), additions, enlargements, extensions, modifications, repairs,
<br />replacements and improvements now or hereafter located thereon (the "Improvements ");
<br />3. The following paragraph on Page 5 of this Security Instrument is hereby deleted
<br />in its entirety:
<br />TO HAVE AND TO HOLD the above granted and described Mortgaged Property unto
<br />and to the use and benefit of Lender, and the successors and assigns of Lender, forever,
<br />provided that the Mortgaged Property shall include Excepted Rights and Excepted
<br />Payments, as defined in the Assignment, only to the extent to which Lender has rights to
<br />such Excepted Rights and Excepted Payments as specifically set forth in the Assignment.
<br />TO HAVE AND TO HOLD the above granted and described Mortgaged Property, unto
<br />Deed of Trust Trustee and Deed of Trust Trustee's successors, substitutes or assigns, in
<br />trust, with power of sale, and for the uses and purposes herein set forth, forever, provided
<br />that the Mortgaged Property shall include Excepted Rights and Excepted Payments, as
<br />defined in the Assignment, only to the extent to which Lender has rights to such Excepted
<br />Rights and Excepted Payments as specifically set forth in the Assignment, together with
<br />all rights, privileges, hereditaments and appurtenances in anywise appertaining or
<br />belonging thereto, subject only to the Permitted Exceptions (as defined herein), and
<br />Borrower, for Borrower and Borrower's successors and assigns, hereby agrees to warrant
<br />and forever defend, all and singular, the title to the Mortgaged Property unto Deed of
<br />Trust Trustee and trustee's successors or substitutes in this trust against the claim or
<br />claims of all persons claiming or to claim the same or any part thereof, subject, however,
<br />to the Permitted Exceptions as aforesaid.
<br />4. Notwithstanding anything contained in paragraph 25 of this Security Instrument
<br />to the contrary, upon the occurrence and during the continuation of any Event of Default Lender
<br />may, at Lender's option, request Deed of Trust Trustee to proceed with foreclosure under the
<br />power of sale which is conferred under paragraph 25(a)(iv) of this Security Instrument. After
<br />any sale under this subsection, Deed of Trust Trustee shall make good and sufficient deeds,
<br />assignments, and other conveyances to the purchaser or purchasers thereunder in the name of
<br />Borrower, conveying the Mortgaged Property or any part thereof so sold to the purchaser or
<br />purchasers. It is agreed that in any deeds, assignments or other conveyances given by Deed of
<br />Trust Trustee, any and all statements of fact or other recitals therein made as to the identity of
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