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200003557 Instrument with respect to the Leases, including without limitation the performance of any obligation to be performed on the part of Borrower under any of the Leases, which shall remain exclusively with Borrower. Section 1.3 Security Agreement. This Security Instrument is both a real property deed of trust and a "security agreement" within the meaning of the Uniform Commercial Code. The Property includes both real and personal property and all other rights and interests, whether tangible or intangible in nature, of Borrower in the Property. By executing and delivering this Security Instrument, Borrower hereby grants to Lender, as security for the Obligations (defined in Section 2.3), a security interest in the Property to the full extent that the Property may be subject to the Uniform Commercial Code (said portion of the Property so subject to the Uniform Commercial Code, "Collateral "). Section 1.4 Pledge of Monies Held. Borrower hereby pledges to Lender, and grants to Lender a security interest in, any and all monies now or hereafter held by Lender, including, without limitation, any sums deposited in the Escrow Fund (defined in Section 3.5) and the Net Proceeds and Net Proceeds Deficiency (defined in Section 3.8) and any funds or reserves (collectively, the "Reserves "), if any, described and identified in the Special Stipulations attached hereto as Exhibit "B" and made a part hereof, as additional security for the Obligations until expended or applied as provided in this Security Instrument. CONDITIONS TO GRANT TO HAVE AND TO HOLD the above granted and described Property unto the Trustee and its successors and assigns, in trust with power of sale in accordance with the terms and conditions hereof, for the use and benefit of Lender, and the successors and assigns of Lender, forever; PROVIDED, HOWEVER, these presents are upon the express condition that, if Borrower shall pay to Lender the Debt at the time and in the manner provided in the Note and this Security Instrument, shall perform the Other Obligations as set forth in this Security Instrument and shall abide by and comply with each and every covenant and condition set forth herein and in the Note, these presents and the estate hereby granted shall cease, terminate and be void. Article 2 - DEBT AND OBLIGATIONS SECURED Section 2.1 Debt. This Security Instrument and the grants, assignments and transfers made in Article 1 are given for the purpose of securing the following, in such order of priority as Lender may determine in its sole discretion (collectively, "Debt'): (a) the payment of the indebtedness in the total principal sum of $2,980,000.00 evidenced by the Note in lawful money of the United States of America; (b) the payment of interest, default interest, late charges and all other sums agreed or provided to be paid by Borrower in the Note, this Security Instrument and the Other Loan Documents (defined in Section 3.2); (c) the Defeasance (as defined in the Note) of the indebtedness evidenced by the Note; and (d) the payment of all sums advanced and costs and expenses incurred by Lender or Trustee in connection with or pursuant to this Security Instrument or in connection with the Debt, and any renewal, extension, modification, consolidation, change, substitution, replacement, restatement or increase of the Debt or any part thereof, or the acquisition or perfection of the Security therefor. ATLANTA4181845.4 GMACCM (SLP) — DOT (8198) 4 Grand Isle, Nebraska