|
202300986
<br />Lender; and (e) all Borrowers', Grantor's and Guarantor's joint and several debts, liabilities, obligations,
<br />guaranties, covenants, warranties, and duties to Lender and Lender's affiliates (including any Banking
<br />Services Obligations, overdrafts, and deposit account liabilities, but specifically excluding any type of
<br />consumer credit), whether now or hereafter existing or incurred, whether liquidated or unliquidated,
<br />whether absolute or contingent, whether arising out of the Loan Documents or otherwise, and regardless of
<br />whether such Obligations arise out of existing or future credit granted by Lender to Borrowers, Grantor, or
<br />Guarantor, to others guaranteed, endorsed or otherwise secured by any trustee or to any debtor-in-
<br />possession/successor-in-interest of Borrowers, Grantor, or Guarantor, and principal, interest, fees,
<br />expenses, and charges relating to any of the foregoing, including, without limitation, costs and expenses of
<br />collection and enforcement or this Deed of Trust, reasonable attorneys' fees and costs of both inside and
<br />outside counsel, and environmental assessment or remediation costs. The interest rate and maturity of such
<br />Obligations are as described in the Loan Agreement or other applicable documents creating the
<br />indebtedness secured hereby.
<br />THIS DEED OF TRUST SECURES, WITHOUT LIMITATION, EXISTING DEBTS AND
<br />OBLIGATIONS CREATED SIMULTANEOUSLY WITH THE EXECUTION OF THIS DEED OF
<br />TRUST AND ANY FUTURE ADVANCES TO BE MADE AT THE OPTION OF THE PARTIES.
<br />"Permitted Encumbrances" means (a) any matters set forth in any policy of title insurance issued
<br />to Lender and insuring Lender's interest in the Property which are acceptable to Lender as of the date hereof
<br />and are listed in Exhibit B attached hereto, (b) the Liens and interests of this Deed of Trust, and (c) any
<br />other Encumbrance that Lender expressly approves in its sole and absolute discretion.
<br />"Permitted Transfer" means any Transfer permitted in the Loan Agreement or other Loan
<br />Document.
<br />"Person" means an individual, a corporation, a partnership, a joint venture, a limited liability
<br />company, a trust, an unincorporated association, any Governmental Authority, or any other entity.
<br />"Personalty" means all personal property of any kind or nature whatsoever, whether tangible or
<br />intangible and whether now owned or hereafter acquired, in which Grantor now has or hereafter acquires
<br />an interest and which is used in the construction of, or is placed upon, or is derived from or used in
<br />connection with the maintenance, use, occupancy, or enjoyment of, the Property, including (a) the
<br />Accessories; (b) the Accounts; (c) all license, management, or other agreements with respect to the
<br />operation of the Real Property or the business conducted therein (provided all of such agreements shall be
<br />subordinate to this Deed of Trust, and Lender shall have no responsibility for the performance of Grantor's
<br />obligations thereunder) and all general intangibles (including payment intangibles, books and records,)
<br />related to the Real Property or the operation thereof; (d) all sewer and water taps, appurtenant water stock
<br />or water rights, allocations, and agreements for utilities, bonds, letters of credit, permits, certificates,
<br />licenses, guaranties, warranties, causes of action, judgments, Claims, profits, security deposits, utility
<br />deposits, and all rebates or refunds of fees, Taxes, assessments, charges, or deposits paid to any
<br />Governmental Authority related to the Real Property or the operation thereof; (e) all insurance policies held
<br />by Grantor with respect to the Property or Grantor's operation thereof; (1) all money, instruments and
<br />documents (whether tangible or electronic) arising from or by virtue of any transactions related to the
<br />Property, and all deposits and deposit accounts of Grantor with Lender related to the Property, including
<br />any such deposit account from which Grantor may from time to time authorize Lender to debit and/or credit
<br />payments due with respect to the Loan; (g) all licenses, occupancy certificates, permits (including, but not
<br />limited to, building and occupancy permits, authorizations, zoning variances or approvals, or other
<br />approvals of any type or nature whatsoever), now owned or existing or hereafter acquired or arising, which
<br />relate to the construction of the Improvements and/or the use, occupancy, development, leasing, operation,
<br />or servicing of the Real Property; (h) all plans and specifications, drawings, architectural renderings or
<br />7
<br />
|