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202300986
<br />"Lender" means Lender and its successors and assigns.
<br />"Letter of Credit Documentation" has the meaning given to such term in the Loan Agreement.
<br />"Lien" means any mortgage, deed of trust, pledge, security interest, assignment, judgment, lien, or
<br />charge of any kind, including any conditional sale or other title retention agreement, any lease in the nature
<br />thereof, and the filing of, or agreement to give, any financing statement under the Uniform Commercial
<br />Code of any jurisdiction.
<br />"Loan" collectively means the loans, credit facilities, letters of credit, and other financial
<br />accommodations provided for in the Loan Agreement from time to time, including, but not limited to, that
<br />certain Revolving Credit Loan in the maximum principal amount of $15,000,000 and that certain Declining
<br />Revolving Credit Loan in the original principal amount of $10,000,000 extended by Lender to Borrowers
<br />evidenced by those certain Revolving Credit Note and Declining Revolving Credit Note of even date
<br />herewith executed and delivered by Borrowers in favor of Lender.
<br />"Loan Agreement" means the Loan Agreement of even date herewith, among Grantor, the
<br />Borrowers party thereto, and Lender which sets forth, among other things, the terms and conditions upon
<br />which the Loan is issued and to be disbursed, the interest rate applicable to the Loan, the repayment of the
<br />Loan, and the collateral for the Loan, as the same may from time to time be extended, amended, restated,
<br />supplemented, or otherwise modified.
<br />"Loan Documents" means this Deed of Trust, the Loan Agreement, the Security Agreement, the
<br />Note, the Guaranty, the Environmental Indemnity Agreement, the Letter of Credit Documentation, and the
<br />other Loan Documents defined and described in the Loan Agreement, and any and all other documents
<br />which Grantor, Guarantor, or any other party or parties have executed and delivered, or may hereafter
<br />execute and deliver, to create, evidence, secure, or guarantee the Obligations, or any part thereof, as the
<br />same may from time to time be extended, amended, restated, supplemented or otherwise modified.
<br />"Note" collectively means the Revolving Credit Note and Declining Revolving Credit Note
<br />referenced in the definition of the term Loan above, as the same may from time to time be extended,
<br />amended, restated, supplemented, or otherwise modified.
<br />"Notice" means a notice, request, consent, demand or other communication given in accordance
<br />with the provisions of Section 9.8 of this Deed of Trust.
<br />"Obligations" means all present and future debts, obligations and liabilities of Borrowers, Grantor,
<br />and each Guarantor to Lender and any extensions, renewals, restatements, replacements, and modifications
<br />thereof, including, but not limited to those arising pursuant to, and/or on account of, without limitation, the
<br />provisions of this Deed of Trust, the Loan, Note, the Loan Agreement, the Guaranty, the Environmental
<br />Indemnity Agreement, the Letter of Credit Documentation, or any of the other Loan Documents, including
<br />the obligations: (a) to pay all principal, interest, late charges, prepayment premiums (if any), and other
<br />amounts due at any time under the Note, Loan Agreement, Guaranty, any other Loan Documents, and under
<br />any Letter of Credit Documentation; (b) to pay all Expenses, indemnification payments, fees, protective
<br />advances, and other amounts due at any time under this Deed of Trust or any of the other Loan Documents,
<br />together with interest thereon as herein or therein provided; (c) to perform, observe and comply with all of
<br />the other terms, covenants, and conditions, expressed or implied, which Borrowers, Grantor, or Guarantor
<br />is required to perform, observe, or comply with pursuant to this Deed of Trust or any of the other Loan
<br />Documents; (d) to pay and perform all future advances and other obligations that Borrowers, Grantor,
<br />Guarantor, or any successor in ownership (whether fee ownership or a leasehold interest) of all or part of
<br />the Property may agree to pay and/or perform (whether as principal, surety, or guarantor) for the benefit of
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