|
2004O3403
<br />Beneficiary in the principal face amount of THREE HUNDRED FIFTY -NINE MILLION SIX HUNDRED
<br />TWENTY -SIX THOUSAND FOUR HUNDRED FIFTY -TWO AND NO /100 DOLLARS ($359,626,452.00)
<br />bearing interest as therein provided, and finally maturing on March 31, 2014, which, by this reference, is made a part
<br />hereof.
<br />Section 1.2. Grantin Clause. For valuable consideration, Trustor hereby irrevocably conveys Trustee
<br />and hereby grants, bargains, sells, conveys, transfers, pledges, sets over and assigns to the trust, with all POWERS OF
<br />SALE AND STATUTORY RIGHTS AND COVENANTS, in trust for the use and benefit of the Beneficiary and
<br />grants to Beneficiary a security interest in, all the following: (a) the real property described in Exhibit A which is
<br />attached hereto and incorporated herein by reference (the "Land "), together with: (i) any and all buildings, structures,
<br />improvements, alterations or appurtenances now or hereafter situated or to be situated on the Land (collectively, the
<br />"Improvements "); and (ii) all right, title and interest of Trustor, now owned or hereafter acquired, in and to (1) all
<br />streets, roads, alleys, easements, rights -of -way, licenses, rights of ingress and egress, vehicle parking rights and public
<br />places, existing or proposed, abutting, adjacent, used in connection with or pertaining to the Land or the
<br />Improvements; (2) any strips or gores between the Land and abutting or adjacent properties; (3) all options to
<br />purchase the Land or the Improvements or any portion thereof or interest therein, and any greater estate in the Land or
<br />the Improvements; (4) all claims, actions and causes of action, both in law and in equity, with respect to the Land or the
<br />Improvements; and (5) all water and water rights, timber, crops and mineral interests on or pertaining to the Land (the
<br />Land, Improvements and other rights, titles and interests referred to in this clause (a) being herein sometimes
<br />collectively called the "Premises "); (b) not used; (c) all (i) plans and specifications for the Improvements; (ii)
<br />Trustor's rights, but not liability for any breach by Trustor, under all contracts for the purchase and sale of the Property
<br />(hereinafter defined) or any part thereof; (iii) permits, licenses, franchises, certificates, development rights,
<br />commitments and rights for utilities, and other rights and privileges obtained in connection with the Premises;
<br />(iv) leases, rents, royalties, bonuses, issues, profits, revenues and other benefits of the Premises (without derogation of
<br />Article 3 hereof); (v) oil, gas and other hydrocarbons and other minerals produced from or allocated to the Land and
<br />all products processed or obtained therefrom, and the proceeds thereof, and (vi) engineering, accounting, title, legal,
<br />and other technical or business data concerning the Property which are in the possession of Trustor or in which
<br />Trustor can otherwise grant a security interest; and (d) all (i) proceeds (cash or non -cash) of or arising from the
<br />properties, rights, titles and interests referred to above in this Section 1.2, including but not limited to proceeds of any
<br />sale, lease or other disposition thereof, proceeds of each policy of insurance relating thereto (including premium
<br />refunds), proceeds of the taking thereof or of any rights appurtenant thereto, including change of grade of streets, curb
<br />cuts or other rights of access, by condemnation, eminent domain or transfer in lieu thereof for public or quasi - public
<br />use under any law, and proceeds arising out of any damage thereto; and (ii) other interests of every kind and character
<br />which Trustor now has or hereafter acquires in, to or for the benefit of the properties, rights, titles and interests
<br />referred to above in this Section 1.2 and all property used or useful in connection therewith, including but not limited
<br />to rights of ingress and egress and remainders, reversions and reversionary rights or interests; and if the estate of
<br />Trustor in any of the property referred to above in this Section 1.2 is a leasehold estate, this conveyance shall include,
<br />and the lien and security interest created hereby shall encumber and extend to, all other or additional title, estates,
<br />interests or rights which are now owned or may hereafter be acquired by Trustor in or to the property demised under
<br />the lease creating the leasehold estate; TO HAVE AND TO HOLD the foregoing rights, interests and properties, and
<br />all rights, estates, powers and privileges appurtenant thereto (herein collectively called the "Pro a "), to the use,
<br />benefit and behoof of Trustee, for the benefit of Beneficiary, for the purposes and uses herein set forth.
<br />Notwithstanding the foregoing to the contrary, no personalty is, or is intended to be, mortgaged, granted,
<br />bargained, sold, conveyed, transferred, pledged, set over and assigned, nor is any security interest granted in, any
<br />personalty now or hereafter located at the Property.
<br />Section 1.3. Secured Indebtedness, Note, Loan Documents, Other Obligations. This Deed of Trust is
<br />made to secure and enforce the payment and performance of the following promissory notes, obligations,
<br />indebtedness, duties and liabilities and all renewals, extensions, supplements, increases, and modifications thereof in
<br />whole or in part from time to time (collectively the "Secured Indebtedness "): (a) the Promissory Note and all other
<br />
|