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201906785 <br />used or useful in connection therewith, including rights of ingress and egress and all reversionary rights or <br />interests of Grantor with respect to such property and all of Grantor's rights (but not Grantor's obligations) <br />under any covenants, conditions, and restrictions for the Land, as the same may be amended from time to <br />time, including Grantor's rights, title, and interests thereunder as declarant or developer, if applicable; <br />(q) all books, records, files, computer programs, data processing records, computer <br />software, documents and other information, property, or general intangibles (including, without limitation, <br />computer software, whether on tape, disk, card, strip, cartridge or any other tangible or electronic form), at <br />any time evidencing, describing, or pertaining to the Land, Improvements, Personalty, Leases, Rents, or <br />other property described in paragraphs (a) through (p) above; and <br />(r) All products and proceeds of the Personalty and other personal property <br />described in this Section 1.02 (the Personalty and other personal property described in this Section 1.02 <br />being sometimes collectively referred to as the "Personal Property"). <br />1.3 SUBROGATION. Any of the proceeds of the Note utilized to take up, pay, or refinance, <br />in whole or in part, any indebtedness secured by any outstanding liens against all or any part of the <br />Property have been advanced by Lender at Grantor's request and upon Grantor's representation that such <br />amounts are due and are secured by valid liens against the Property. All such liens are hereby renewed, <br />extended, and carried forward to secure the Indebtedness. Lender shall be subrogated to any and all rights, <br />powers, superior titles, liens, and equities owned or claimed by any owner or holder of any outstanding <br />liens and debts, however remote, regardless of whether said liens or debts are acquired by Lender by <br />assignment or are released by the holder thereof upon payment. <br />ARTICLE II <br />INDEBTEDNESS AND PAYMENTS <br />2.1 INDEBTEDNESS. The indebtedness secured by this Instrument shall mean and include <br />the following: <br />(a) Any and all sums becoming due and payable pursuant to the Note. <br />(b) Any and all other sums becoming due and payable by to Lender as a result of <br />advancements made by Lender pursuant to the terms and conditions of this Instrument or any other Loan <br />Documents or the Related Documents securing or executed in connection with or otherwise relating to the <br />Note, including without limitation the repayment of any future advances made by Lender to Grantor or as <br />provided in paragraph (c) below and the repayment of any sums advanced for the protection of Lender's <br />security pursuant to this Instrument or any other Loan Document or any other Related Document. <br />(c) Grantor and Lender contemplate that Lender will, from time to time, engage in <br />various transactions, and that from time to time other circumstances may arise, in which Grantor becomes <br />obligated to Lender. Grantor understands that some of those transactions and circumstances may be of a <br />type that is very different from the loan transaction evidenced in part by the Note and the circumstances <br />connected therewith. Grantor desires and intends that Lender engage in all such transactions, and deal <br />generally with Grantor with the assurance that any and all indebtedness and obligations now owed, and <br />that may hereafter become owing, to Lender from Grantor will be secured by the liens arising hereunder. <br />Therefore, the conveyance made by this Instrument, in addition to being made to secure payment of the <br />Note, is also made in trust to secure and enforce the payment of all other indebtedness and obligations of <br />Grantor to Lender, whether presently existing, or in any manner or means hereafter incurred by Grantor <br />and evidenced in any manner whatsoever, either by notes, advances, overdrafts, bookkeeping entries, <br />guaranty agreements, liens or security interest instruments, or any other method or means including any <br />renewal and extension of the Note, or of any part of any present or future indebtedness, or other <br />2932707_3 7 <br />