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4837 - 9099 - 7551.5
<br />201605356
<br />damages shall be entered against Grantor which shall become a lien on the Mortgaged Property,
<br />or any portion thereof or interest therein, and such execution, attachment or similar process or
<br />judgment is not released, bonded, satisfied, vacated or stayed within 60 days after its entry or
<br />levy;
<br />(f) during the term of the Note, Grantor shall, without the prior written approval of
<br />Beneficiary, sell, convey, alienate, mortgage or encumber the Mortgaged Property, or any part
<br />thereof or any interest therein other than Permitted Encumbrances, or shall be divested of its title
<br />or any interest therein, in any manner not expressly permitted in this Deed of Trust, whether
<br />voluntarily or involuntarily, or if there is any merger, consolidation or dissolution affecting
<br />Grantor;
<br />(g) any assignment by Grantor of the whole or any part of the rents, issues or profits
<br />arising from the Mortgaged Property to any person without the consent of Beneficiary; or
<br />(h) at any time any representation, warranty or statement made by Grantor in the
<br />Note or this Deed of Trust shall be incorrect or misleading in any material respect, or any material
<br />misrepresentation shall at any time be made to Beneficiary by Grantor.
<br />"Impositions ": Any and all real estate and personal property taxes; water, gas, sewer, electricity
<br />and other utility rates and charges; charges for any easement, license or agreement maintained for the
<br />benefit of the Mortgaged Property (defined below); and any and all other taxes, charges and assessments,
<br />whether general or special, ordinary or extraordinary, foreseen or unforeseen, of any kind and nature
<br />whatsoever which at any time prior to or after the execution hereof may be assessed, levied or imposed
<br />upon the Mortgaged Property or the ownership, use, occupancy, benefit or enjoyment thereof, together
<br />with any interest, costs or penalties that may become payable in connection therewith.
<br />"Mortgaged Property ": Any and all right, title and interest of Grantor in and to the real property
<br />described in Exhibit A attached hereto and incorporated herein by this reference, together with any greater
<br />estate therein as hereafter may be acquired by Grantor (the "Land"), and all of Grantor's right, title and
<br />interest (if any) now or hereafter acquired in and to (1) all buildings, structures and other improvements of
<br />every kind and description now or at any time situated, placed or constructed upon the Land (the
<br />"Improvements "; the Land and Improvements are collectively referred to as the "Premises "), (2) all
<br />materials, supplies, equipment, apparatus and other items of personal property now owned or hereafter
<br />acquired by Grantor and now or hereafter located in or on, attached to, installed in, or used in connection
<br />with, or incorporated in any such Improvements or the Land, and water, gas, electrical, telephone, storm
<br />and sanitary sewer facilities and all other utilities whether or not situated in easements, and all equipment,
<br />inventory and other goods in which Grantor now has or hereafter acquires any rights or any power to
<br />transfer rights and that, in each case under this clause (2), are or are to become fixtures (as defined in the
<br />UCC, defined below) related to the Land (the "Fixtures "), (3) all leases, licenses, concessions, occupancy
<br />agreements or other agreements (written or oral, now or at any time in effect) which grant to any person a
<br />possessory interest in, or the right to use, all or any part of the Mortgaged Property, together with all
<br />related security and other deposits (the "Leases "), (4) all of the rents, revenues, royalties, income,
<br />proceeds, profits, accounts receivable, security and other types of deposits, and other benefits now or
<br />hereafter derived, directly or indirectly, from the Premises under the Leases (the "Rents "), (5) all other
<br />agreements, such as construction contracts, architects' agreements, engineers' contracts, utility contracts,
<br />maintenance agreements, management agreements, service contracts, listing agreements, guaranties,
<br />warranties, permits, licenses, certificates and entitlements in any way relating to the construction, use,
<br />occupancy, operation, maintenance, enjoyment or ownership of the Mortgaged Property (the "Property
<br />Agreements "), (6) all rights, privileges, tenements, hereditaments, rights -of -way, easements, appendages
<br />and appurtenances appertaining to the Premises, including development rights, air rights, water rights and
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