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202300986
<br />"Additions" means any and all alterations, additions, accessions and improvements to property,
<br />substitutions therefor, and renewals and replacements thereof, and all rights, title and interests in real,
<br />personal, and mixed property acquired after the date of this Deed of Trust.
<br />"Borrower" and "Borrowers" have the meaning given to such terms in the Loan Agreement.
<br />"Claim" means any liability, suit, action, claim, demand, loss, expense, penalty, fine, judgment,
<br />order, arbitration award, settlement, or other cost of any kind or nature whatsoever, including fees, costs
<br />and expenses of attorneys, consultants, contractors, and experts.
<br />"Condemnation" means any taking of title to, use of, or any other interest in the Property under the
<br />exercise of the power of condemnation or eminent domain, whether temporarily or permanently, by any
<br />Governmental Authority or by any other Person acting under or for the benefit of a Governmental Authority.
<br />"Condemnation Awards" means any and all judgments, orders, awards of damages (including
<br />severance and consequential damages), payments, proceeds, settlements, amounts paid for a taking in lieu
<br />of Condemnation, or other compensation heretofore or hereafter made, including interest thereon, and the
<br />right to receive the same, as a result of, or in connection with, any Condemnation or threatened
<br />Condemnation.
<br />"Contract of Sale" means any contract for the sale of all or any part of the Property or any interest
<br />therein, whether now in existence or hereafter executed.
<br />"Deed of Trust" means this Deed of Trust, Assignment of Rents and Leases, Security Agreement
<br />and Fixture Filing, as the same may from time to time be extended, amended, restated, supplemented or
<br />otherwise modified.
<br />"Default" means an event or circumstance which, with the giving of Notice or lapse of time, or
<br />both, would constitute an Event of Default under the provisions of this Deed of Trust.
<br />"Design and Construction Documents" means, collectively, (a) all contracts for services to be
<br />rendered, work to be performed or materials to be supplied in the development of the Land or the
<br />construction or repair of Improvements, including all agreements with architects, engineers, or contractors
<br />for such services, work, or materials; (b) all plans, drawings, and specifications for the development of the
<br />Land or the construction or repair of Improvements; (c) all permits, licenses, variances, and other rights or
<br />approvals issued by or obtained from any Governmental Authority or other Person in connection with the
<br />development of the Land or the construction or repair of Improvements; and (d) all amendments of or
<br />supplements to any of the foregoing.
<br />"Encumbrance" means any Lien, easement, right of way, roadway (public or private), condition,
<br />covenant or restriction, Lease, or other matter of any nature that would affect title to the Property.
<br />"Environmental Indemnity Agreement" means that certain Environmental Indemnity Agreement
<br />dated of even date with this Deed of Trust executed and delivered by each Borrower and Guarantor in favor
<br />of Lender, and all amendments, restatements, or other modifications thereof.
<br />"Event of Default" means an event or circumstance specified in Article VI and the continuance of
<br />such event or circumstance beyond the applicable grace and/or cure periods therefor, if any, set forth in
<br />Article VI.
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