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<br />24. "RENTS" shall mean all consideration, whether money or otherwise, paid or payable for
<br />the use or occupancy of the Property, including but not limited to the proceeds of all hydrocarbons or
<br />other minerals produced from the Property and all delay rentals and bonuses from any oil, gas or other
<br />mineral lease.
<br />25. "SECURITY DOCUMENTS" shall mean the Note, this Deed of Trust, the Related
<br />Documents (as defined in the Credit Agreement), and all other instruments, documents or other writings
<br />now or hereafter executed by Grantor, or any Obligated Party pertaining to or as security for the payment
<br />of the Indebtedness or the performance of the Obligations.
<br />26. "TRUSTEE" shall mean Old Republic National Title Insurance Company and its
<br />substitutes, successors and assigns.
<br />ARTICLE I
<br />SECURITY
<br />1.1 GRANT IN TRUST. For value received, the receipt and sufficiency of which Grantor
<br />acknowledges, and to secure the payment of the Indebtedness described in Section 2.01 and performance
<br />of the representations, warranties, covenants, and agreements of Grantor stated in this Instrument and in
<br />the Loan Documents (as defined in the Credit Agreement), Grantor grants, bargains and sells, conveys
<br />and confirms the Property described in Section 1.02, including without limitation the Land, to the Trustee,
<br />IN TRUST, WITH POWER OF SALE TOGETHER WITH THE RIGHT OF ENTRY AND
<br />POSSESSION, TO HAVE AND TO HOLD the Property, together with the rights, privileges, and
<br />appurtenances thereto belonging unto the Trustee and the Trustee's substitutes or successors forever.
<br />Grantor binds itself and its heirs, executors, administrators, personal representatives, successors, and
<br />assigns to WARRANT AND FOREVER DEFEND the Property unto the Trustee, and the Trustee's
<br />substitutes or successors and assigns, against the claim or claims of all persons claiming or to claim the
<br />same or any part thereof, by, through or under Grantor, but not otherwise, subject only to the Permitted
<br />Exceptions (as set forth in Exhibit B attached hereto and incorporated herein).
<br />1.2 PROPERTY. The Property covered by this Instrument includes the Land and the
<br />following items described in this Section 1.02, whether now owned or hereafter acquired, all of which,
<br />including replacements and additions thereto, and all rights, hereditaments and appurtenances pertaining
<br />thereto, shall be deemed to be and remain a part of the Property covered by this Instrument, all of which
<br />are referred to in this Instrument:
<br />(a) Any and all buildings, improvements, structures, and tenements now or hereafter
<br />attached to or placed, erected, constructed, or developed on the Land;
<br />(b) all equipment, fixtures, furnishings, inventory, building materials, and articles of
<br />personal property owned by Grantor now or hereafter attached to or used in or on the Land or in or about
<br />the Improvements or that are necessary or useful for the complete and comfortable use and occupancy of
<br />the Improvements for the purposes for which they were or are to be attached, placed, erected, constructed
<br />or developed, or which Personalty is or may be used in or related to the planning, development, financing
<br />or operation of the Improvements, and all renewals of or replacements or substitutions for any of the
<br />foregoing, whether or not the same are or shall be attached to the Land or Improvements;
<br />(c) all water and water rights, timber, crops, and mineral interests pertaining to the
<br />Land;
<br />(d) all plans and specifications for the Improvements and for any future development
<br />of or construction on the Land;
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