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200004084
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<br />WHEREAS, the Loans are made pursuant to the terms and in accordance with and reliance
<br />upon certain other agreements and documents which include without limitation, the Loan
<br />Agreement, the Notes, the Security Documents and certain other certificates, instruments and other
<br />related documents.
<br />WHEREAS, pursuant to the Loan Agreement, Lenders have appointed Beneficiary as their
<br />Agent to administer the Loan Agreement and other Loan Documents including, without limitation,
<br />this Deed of Trust, for the benefit of Lenders.
<br />ARTICLE 1
<br />The Grant
<br />NOW THEREFORE, in consideration of the making of the Loans, Trustor does hereby agree
<br />that this Deed of Trust shall secure the following: (a) the prompt payment of the indebtedness
<br />evidenced by the Notes, with interest thereon and any late or other charges imposed in accordance
<br />with the terms thereof and (b) the payment, performance and observance by Trustor of all of the
<br />covenants and conditions contained in the Loan Agreement, the Notes and the other Loan
<br />Documents (items (a) and (b) shall hereinafter collectively be referred to as the "Indebtedness
<br />Hereby Secured "), and in order to charge the properties, interests and rights hereinafter described
<br />with such payment, performance and observance, and for other valuable consideration, the receipt
<br />and sufficiency of which are hereby acknowledged, Trustor does hereby grant, and convey to
<br />Trustee, with special warranty, IN TRUST, WITH POWER OF SALE Trustor's leasehold right, title
<br />and interest in certain property more particularly described on Exhibit A attached hereto and by
<br />reference made a part hereof ( "Real Property ");
<br />TOGETHER WITH, all and singular, the Trustor's leasehold interest in (i) the tenements,
<br />hereditaments, and appurtenances thereto belonging, (ii) all present and future buildings, structures,
<br />annexations, access rights, rights -of -way or use, servitudes, licenses and improvements thereon, and
<br />(iii) all of the rights, privileges, licenses, easements and appurtenances belonging to such Real
<br />Property, together with all of the estates and rights in and to lands lying in streets, alleys and roads
<br />adjoining the said Real Property (collectively, the "Improvements ") and all Trustor's right, title,
<br />interest, estate, claim and demand, either at law or in equity, in and to all personal property described
<br />on Schedule 3 attached hereto (collectively, the "Personal Property "). Trustor's interest in said Real
<br />Property, Improvements and Personal Property are hereinafter referred to as the "Premises ".
<br />Beneficiary is hereby subrogated to the rights of all Beneficiaries, lien holders and owners
<br />paid off by the proceeds of the Loans secured hereby.
<br />TO HAVE AND TO HOLD, the Premises unto the Trustee, its successors and assigns, in
<br />trust, for the use and purposes hereinafter set forth.
<br />LEASEHOLD DEED OF TRUST 692960.5
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