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<br />(5) All mineral, coal, oil, gas and water rights, royalties, water courses, ditch rights, water and water stock,
<br />timber and timber rights, if any;
<br />(6) All insurance, condemnation and other awards or payments, including interest, attorneys' fees and costs,
<br />made as a result of: (a) the exercise of the right of eminent domain; (b) the alteration of the grade of any street;
<br />(c) any loss of or damage to any building or other improvement on the Premises; (d) any other injury to or
<br />decrease in the value of the Premises; and (e) any refund due on account of the payment of real estate taxes,
<br />assessments or other charges levied against or imposed upon the Premises;
<br />(7) Subject to the rights of the Lender under Section 9 below, all present and future (a) leases, subleases,
<br />licenses and other agreements for the use and/or occupancy of the Premises, oral or written, including, without
<br />limitation, all extensions, renewals, replacements and holdovers (collectively, the "Leases") and (b) rents,
<br />revenues, income, issues, royalties, profits, bonuses, accounts, cash, security deposits, advance rents and other
<br />payments and/or benefits, of every kind or nature, derived from the Leases and/or the Premises, including,
<br />without limitation, the Grantor's right to enforce the Leases and to receive and collect all payments and
<br />proceeds under the Leases (collectively, the "Rents");
<br />(8) All rights to make divisions of the real estate comprising the Premises that are exempt from the platting
<br />requirements of all applicable land division or platting acts, as amended from time to time; and
<br />(9) All licenses, contracts, permits and agreements required or used in connection with the ownership,
<br />maintenance or operation of the Premises.
<br />The Grantor warrants that it is well and truly seized of good and marketable fee simple title to the real
<br />property comprising the Premises and it is the lawful owner of the personal property comprising the
<br />Premises, except for liens for taxes and assessments not yet due and payable, building and use restrictions of
<br />record, zoning ordinances, and any other encumbrances disclosed to the Lender in writing as of the date of this
<br />Deed of Trust ("Permitted Encumbrances"). The Grantor shall forever warrant and defend the same unto the
<br />Lender and its successors and assigns against all claims whatsoever, except for the Permitted Encumbrances. If
<br />the Premises are encumbered by Permitted Encumbrances, the Grantor shall perform all obligations and make
<br />all payments as required by the Permitted Encumbrances. The Grantor shall provide the Lender copies of all
<br />writings pertaining to Permitted Encumbrances and the Lender is authorized to request and receive that
<br />information from any other person without the consent or knowledge of the Grantor.
<br />The term "Borrower" means the Grantor or any other person or entity liable to the Lender under any
<br />instrument or agreement described in the definition of "Liabilities" herein, whether under any promissory
<br />note, guaranty, letter of credit application, this Deed of Trust, any other Related Documents or otherwise.
<br />This Deed of Trust secures the Liabilities.
<br />The term "Liabilities" means all indebtedness, liabilities and obligations of every kind and character of
<br />each Borrower to the Lender, whether the indebtedness, liabilities and obligations are individual, joint or
<br />several, contingent or otherwise, now or hereafter existing, including, without limitation, all liabilities,
<br />interest, costs and fees, arising under or from any note, open account, overdraft, credit card, lease, Rate
<br />Management Transaction, letter of credit application, endorsement, surety agreement, guaranty,
<br />acceptance, foreign exchange contract or depository service contract, whether payable to the Lender or to a
<br />third party and subsequently acquired by the Lender, any monetary obligations (including interest) incurred
<br />or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceedings,
<br />regardless of whether allowed or allowable in such proceeding, and all renewals, extensions, modifications,
<br />consolidations, rearrangements, restatements, replacements or substitutions of any of the foregoing. The
<br />Grantor and the Lender specifically contemplate that Liabilities include indebtedness hereafter incurred by
<br />the Borrower to the Lender. The term "Liabilities" includes, without limitation, the following:
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