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200109056
<br />(iii) any and all other agreements and obligations of Grantor from time to time
<br />in favor of Grantee;
<br />(b) all additional security agreements, mortgages, deeds of trust, assignments or other
<br />security instruments which are executed and delivered of evidence, govern or
<br />secure obligations of Grantor under the documents described in clause (a) above;
<br />(2) The repayment of all other Obligations (as such term is defined in the Letter of Credit),
<br />whether or not now contemplated by Grantor or Grantee; and
<br />(3) The observance and performance by Grantor of each and every term, covenant, condition
<br />and agreement required by this Deed of Trust, the Letter of Credit and the Loan Documents (as defined in
<br />the Letter of Credit) to be observed and performed by Grantor; and
<br />(4) Any and all extensions, renewals, amendments, replacements, restatements, refinancings,
<br />refundings or other modifications (including but not limited to modifications to interest rates or other
<br />payment terms) of any of the foregoing; and
<br />(5) Advances made by Grantee for the reasonable protection of the Grantor interest in the
<br />Property including, but not limited to, amounts for taxes, including real property taxes, special assessments,
<br />prior liens, hazard insurance premiums, costs of repair, maintenance or improvements and preservation of
<br />the Property, completion of improvements on the Property (the foregoing are referred to herein as
<br />"Protective Advances ") and expenses of collection, sale, and foreclosure hereunder and that the same will
<br />have priority over any intervening or subsequent liens to the extent allowed by law.
<br />The foregoing are herein referred to as the "Obligations".
<br />Grant. Grantor does grant, bargain, sell, remise, convey, confirm, release and assign unto Trustee,
<br />his successors and assigns, IN TRUST, WITH POWER OF SALE and right -of -way and possession, the
<br />real estate described in Exhibit A, attached hereto and made a part hereof (hereinafter described is referred
<br />to herein as the "Premises ");
<br />TOGETHER with (1) all buildings, improvements and structures at any time, now or
<br />hereafter, erected, situated or placed thereon; (2) all rights, privileges, easements, hereditaments,
<br />appendages and appurtenances thereunto belonging or in anywise appertaining; (3) all right, title, interest
<br />and estate of Grantor in and to streets, roads, ways, sidewalks, curbs, alleys, and areas adjoining said real
<br />estate and portions thereof, and whether vacated by law or ordinance (conditionally or otherwise); (4) all
<br />leases, subleases, rents, lettings and licenses of, and all contracts, bonds and agreements affecting the
<br />Premises or any part thereof now or hereafter arising or entered into, and all amendments, modifications,
<br />supplements, additions, extensions and renewals thereof, and all right, title and interest of Grantor
<br />thereunder, including cash and securities deposited thereunder, the right to receive and collect rents,
<br />security deposits, income, proceeds, earnings, royalties, revenues, issues and profits payable thereunder
<br />and the rights to enforce, whether at law or in equity or by any other means, all provisions and options
<br />thereof or thereunder; (5) all fixtures, fixed assets and personalty now owned or hereafter acquired by
<br />Grantor and now or at any time hereafter annexed, affixed or attached to said real estate and /or said
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