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201401693
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Last modified
8/19/2014 2:25:42 PM
Creation date
3/28/2014 8:25:22 AM
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DEEDS
Inst Number
201401693
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201401 693 <br />EXHIBIT A <br />DEFINED TERMS <br />"Beneficiary" means Beneficiary, and its successors and assigns, including any <br />subsequent holder of the Obligations. <br />"Collateral" has the meaning set forth in Section 1.3. <br />"Credit Agreement" means that certain Amended and Restated Credit Agreement, dated <br />as of March a5, 2014, executed by Trustor, the Lenders party thereto and Beneficiary, as the <br />same may have been or from time to time hereafter may be renewed, extended, supplemented, <br />increased, amended, modified or restated. <br />"Deed of Trust" means this Deed of Trust, Security Agreement, Fixture Filing and <br />Assignment of Leases and Rents, as the same may be renewed, extended, supplemented, <br />increased, modified, amended or restated from time to time. <br />"Default Rate" has the meaning attributed to it in the Credit Agreement. <br />"Loan Documents" means, collectively, this Deed of Trust, the Credit Agreement, each <br />Note, the Letter of Credit Applications, the Security Documents, the Fee Letter, and each other <br />document, instrument, certificate and agreement executed and delivered by the Credit Parties or <br />any of their respective Subsidiaries in favor of or provided to the Administrative Agent or any <br />Secured Party in connection with this Agreement or otherwise referred to herein or contemplated <br />hereby (excluding any Secured Hedge Agreement and any Secured Cash Management <br />Agreement). <br />"Obligations" means the obligation of the Trustor to (a) make payment of the principal <br />of, interest and premiums on, and to perform all covenants, agreements, liabilities and <br />obligations of the Trustor under the Notes, the Deed of Trust, the Credit Agreement and all other <br />obligations of the Trustor under any other instrument given to secure the Notes and any and all <br />extensions and renewals thereof and under any Secured Hedge Agreement and any Secured Cash <br />Management Agreement; (b) to perform any and all covenants, agreements, liabilities and <br />obligations of Trustor, to Beneficiary and the Secured Party, their successors and assigns, <br />provided for or arising under this Agreement; and (c) to make payment of all costs and expenses <br />of collection, legal expenses and attorneys' fees incurred by the Beneficiary and the Secured <br />Party, their successors and assigns, in the enforcement of the rights of the Beneficiary and the <br />Secured Creditors hereunder or in any litigation or bankruptcy proceeding for the protection of <br />Beneficiary's collateral and claim against Debtor. <br />"Permitted Encumbrances" means any of the following: <br />(i) liens, charges or other encumbrances for taxes and assessments which are <br />not yet due and payable; <br />
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