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202300986
<br />"Expenses" means all fees, charges, costs, and expenses of any nature whatsoever incurred at any
<br />time and from time to time (whether before or after an Event of Default) by Lender or Trustee in making,
<br />documenting, securing, funding, servicing, administering, or modifying the Loan, in negotiating or entering
<br />into any "workout" of the Loan, or in exercising or enforcing any rights, powers, and remedies provided in
<br />this Deed of Trust or any of the other Loan Documents, including reasonable attorneys' fees and expenses,
<br />court costs, receiver's fees, management fees, and costs incurred in the repair, maintenance, and operation
<br />of, or taking possession of, or selling, the Property.
<br />"Governmental Authority" means any governmental or quasi -governmental entity, including any
<br />court, department, commission, board, bureau, agency, administration, service, district, or other
<br />instrumentality of any governmental entity.
<br />"Guarantor" has the meaning given to such term in the Loan Agreement.
<br />"Guaranty" means that certain Guaranty dated of even date with this Deed of Trust executed and
<br />delivered by each Guarantor in favor of Lender in support of the Loan, and all amendments, restatements,
<br />or other modifications thereof.
<br />"Improvements" means all buildings, structures, parking garages, additions, enlargements,
<br />extensions, repairs, replacements, and other improvements now or hereafter existing, erected or placed on
<br />the Land, together with any on-site improvements and off-site improvements in any way used or to be used
<br />in connection with the use, enjoyment, occupancy, or operation of the Land, and include, without limitation,
<br />the Project as defined in the Loan Agreement.
<br />"Insurance Proceeds" means the insurance claims under and the proceeds of any and all policies of
<br />insurance covering the Property or any part thereof, including the right to receive and apply the proceeds
<br />of any insurance, judgments, or settlements made in lieu thereof, all returned and unearned premiums with
<br />respect to any insurance relating to such Property, and proceeds from business interruption or other loss of
<br />income insurance, whether paid or accruing before or after the filing by or against Grantor of any petition
<br />for relief under any bankruptcy or creditors rights laws.
<br />"Land" means all the tracts of real property described in Exhibit A attached hereto and made a part
<br />hereof, and all additional lands, estates, leasehold interests, development rights, and other Additions
<br />hereafter acquired by Grantor for use in connection with the Land and the development and operation of
<br />the Land and all additional lands and estates therein.
<br />"Laws" means all federal, state and local laws, statutes, rules, ordinances, regulations, codes,
<br />licenses, authorizations, decisions, injunctions, interpretations, orders, or decrees of any court or other
<br />Governmental Authority having jurisdiction as may be in effect from time to time.
<br />"Leases" means all leases, subleases, lettings, concessions, license agreements, and other
<br />occupancy or use agreements (whether oral or written), now or hereafter existing, pursuant to which any
<br />Person is granted a possessory interest in, or right to use or occupy all or any portion of the Land and the
<br />Improvements, and every option, modification, amendment or other agreement relating thereto and every
<br />guarantee of the performance and observance of the covenants, conditions, and agreements to be performed
<br />and observed by the other party thereto, heretofore or hereafter entered into, whether before or after the
<br />filing by or against Grantor of any petition for relief under any bankruptcy or creditors rights laws, and all
<br />right, title and interest of Grantor, its successors and assigns therein and thereunder, including, without
<br />limitation, cash or securities deposited thereunder to secure the performance by the lessees of their
<br />obligations thereunder, and such term shall include, without limitation, any Leases defined and described
<br />in the Loan Agreement.
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