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<br />coverings, awnings, motors, engines, boilers, stokers, pumps, dynamos, transformers, generators, fans,
<br />blowers, vents, switchboards, elevators, mail conveyors, escalators, compressors, furnaces, cleaning,
<br />sprinkler systems, fire extinguishing apparatus, water tanks, swimming pools, heating, ventilating,
<br />plumbing, laundry, incinerating, air conditioning and air cooling systems, water, gas and electric
<br />equipment, disposals, dishwashers, washers, dryers, refrigerators and ranges, cafeteria equipment, and
<br />recreational equipment and facilities of all kinds, all of which property and things are hereby declared to
<br />be permanent accessions to the Land.
<br />7. "GOVERNMENTAL AUTHORITY" shall mean any and all governmental or quasi -
<br />governmental entities of any nature whatsoever, whether federal, state, county, district, city or otherwise,
<br />and whether now or hereafter in existence.
<br />8. "GRANTOR" shall mean the party or parties, whether one or more, who execute this
<br />Deed of Trust and who are identified first in the initial paragraph of this Deed of Trust, as well as the
<br />successors, assigns, heirs and legal representatives of such party or parties.
<br />9. "HAZARDOUS MATERIALS" shall mean (a) any "hazardous waste" as defined by the
<br />Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.), as amended from
<br />time to time, and regulations promulgated thereunder; (b) any "hazardous substance" as defined by the
<br />Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section
<br />9601 et seq.) ("CERCLA"), as amended from time to time, and regulations promulgated thereunder; (c)
<br />asbestos; (d) polychlorinated biphenyls; (e) any substance the presence of which on the Property is
<br />prohibited by any Governmental Requirements (as hereinafter defined); (f) any petroleum-based products
<br />which are deemed hazardous by any governmental Requirements; (g) underground storage tanks which
<br />are deemed hazardous by any Governmental Requirements; and (h) any other substance which by any
<br />Governmental Requirements requires special handling or notification of any federal, state or local
<br />governmental entity in its collection, storage, treatment, or disposal. For purposes herein "Governmental
<br />Requirements" shall mean all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of
<br />the United States, the state, the county, the city, or any other political subdivision in which the Property is
<br />located, and any other political subdivision, agency or instrumentality exercising jurisdiction over Grantor
<br />or the Property.
<br />10. "HAZARDOUS MATERIALS CONTAMINATION" shall mean the contamination
<br />(whether presently existing or hereafter occurring) of the Improvements, facilities, soil, groundwater, air
<br />or other elements on or of the Property by Hazardous Materials, or the contamination of the buildings,
<br />facilities, soil, groundwater, air or other elements on or of any other property as a result of Hazardous
<br />Materials at any time (whether before or after the date of this Deed of Trust) emanating from the
<br />Property.
<br />11. "IMPOSITIONS" shall mean all rates and charges (including deposits), insurance, taxes
<br />(both realty and personalty), water, gas, sewer, electricity, telephone and other utilities, any easement,
<br />license or agreement maintained for the benefit of the Property (as defined below), and all other charges,
<br />and any interest, costs or penalties with respect thereto, of any nature whatsoever which may now or
<br />hereafter be assessed, levied or imposed upon the Property or the Rents (as defined below) or the
<br />ownership, use, occupancy or enjoyment thereof.
<br />12. "IMPROVEMENTS" shall mean any and all buildings, parking areas and other
<br />improvements, and any and all additions, alterations, or appurtenances thereto, now or at any time
<br />hereafter placed or constructed upon the Land or any part thereof.
<br />13. "INDEBTEDNESS" shall mean the indebtedness described in Section 2.01 of this
<br />Instrument.
<br />2932707} 3
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