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201400400
<br />hypothecated and by these presents does hereby mortgage, give, grant, bargain,
<br />sell, alien, release, convey, confirm, pledge, assign and hypothecate unto Deed of
<br />Trust Trustee the Premises (as defined herein) which is described in Exhibit A
<br />attached hereto and the buildings, structures, fixtures (except "trade fixtures" as
<br />defined in Section 19 of Part II of the Lease (as hereinafter defined) not owned by
<br />Borrower), additions, enlargements, extensions, modifications, repairs,
<br />replacements and improvements now or hereafter located thereon (the
<br />"Improvements ");
<br />3. The following paragraph on Page 5 of this Security Instrument is hereby deleted in
<br />its entirety:
<br />TO HAVE AND TO HOLD the above granted and described Mortgaged Property
<br />unto and to the use and benefit of Lender, and the successors and assigns of
<br />Lender, forever, provided that the Mortgaged Property shall include Excepted
<br />Rights and Excepted Payments, as defined in the Assignment, only to the extent
<br />to which Lender has rights to such Excepted Rights and Excepted Payments as
<br />specifically set forth in the Assignment.
<br />and the following paragraph is substituted in its place:
<br />TO HAVE AND TO HOLD the above granted and described Mortgaged Property,
<br />unto Deed of Trust Trustee and Deed of Trust Trustee's successors, substitutes or
<br />assigns, in trust, with power of sale, and for the uses and purposes herein set forth,
<br />forever, provided that the Mortgaged Property shall include Excepted Rights and
<br />Excepted Payments, as defined in the Assignment, only to the extent to which
<br />Lender has rights to such Excepted Rights and Excepted Payments as specifically
<br />set forth in the Assignment, together with all rights, privileges, hereditaments and
<br />appurtenances in anywise appertaining or belonging thereto, subject only to the
<br />Permitted Exceptions (as defined herein), and Borrower, for Borrower and
<br />Borrower's successors and assigns, hereby agrees to warrant and forever defend, all
<br />and singular, the title to the Mortgaged Property unto Deed of Trust Trustee and
<br />trustee's successors or substitutes in this trust against the claim or claims of all
<br />persons claiming or to claim the same or any part thereof, subject, however, to the
<br />Permitted Exceptions as aforesaid.
<br />4. The following paragraph on Page 5 of this Security Instrument is hereby deleted:
<br />PROVIDED, HOWEVER, these presents are upon the express condition that, if
<br />Borrower shall well and truly pay to Lender the Debt and every covenant and condition
<br />set forth herein and in the Note shall have been satisfied, these presents and the estate and
<br />lien hereby granted shall cease, terminate and be void.
<br />and the following paragraph is substituted in its place:
<br />- 124 -
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