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-2601(2492 4
<br />interests in certain Mortgaged Properties other than the
<br />Trust Property to secure the performance of the Obligations.
<br />Granting Clauses
<br />NOW, THEREFORE, IN CONSIDERATION OF the foregoing,
<br />Grantor and Beneficiary hereby amend and restate the
<br />Existing Deed of Trust as follows in order to secure
<br />(A) the due and punctual payment and performance of the
<br />Obligations by the Grantor, (B) the due and punctual payment
<br />by the Grantor of all taxes, common area charges and
<br />insurance premiums relating to the Trust Property and
<br />(C) all disbursements made by Trustee or Beneficiary for the
<br />payment of taxes, common area charges or insurance premiums,
<br />all fees, expenses or advances in connection with or
<br />relating to the Trust Property, and interest on such
<br />disbursements and other amounts not timely paid in
<br />accordance with the terms of the Credit Agreement, this Deed
<br />of Trust and the Loan Documents (all obligations referred to
<br />in clauses (A) through (C) being referred to, collectively,
<br />as the "Secured Obligations "), Grantor hereby assigns and
<br />conveys as security, grants a security interest in,
<br />hypothecates, mortgages, pledges, warrants and sets over
<br />unto TRUSTEE, IN TRUST FOREVER, with power of sale, for the
<br />benefit of the Beneficiary, with mortgage covenants, all the
<br />following described property (the "Trust Property ") whether
<br />now owned or held or hereafter acquired:
<br />(1) all of Grantor's right, title and interest in
<br />all the fee estate in the land more particularly
<br />described on Exhibit A hereto (the "Land "), together
<br />with all rights appurtenant thereto, including the
<br />easements over certain other adjoining land granted by
<br />any easement agreements, covenant or restrictive
<br />agreements and all air rights, mineral rights, water
<br />rights, oil and gas rights and development rights, if
<br />any, relating thereto, and also together with all of
<br />the other easements, rights, privileges, interests,
<br />permits, hereditaments and appurtenances thereunto
<br />belonging or in any wise appertaining and all of the
<br />estate, right, title, interest, claim or demand
<br />whatsoever of Grantor therein and in the streets and
<br />ways adjacent thereto, either in law or in equity, in
<br />possession or expectancy, now or hereafter acquired
<br />(the "Premises ");
<br />(2) all of Grantor's right, title and interest in
<br />all buildings, improvements, structures, paving,
<br />parking areas, walkways and landscaping now or
<br />[NYCorp; 1105401 .3:DPCO2:11 /11/00- 12:05a] (Hall County)
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