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200403670 <br />ARTICLE 1 <br />DEFINITIONS <br />Section 1.1 Definitions. All capitalized terms used herein without <br />definition shall have the respective meanings ascribed to them in the Loan Agreement. <br />As used herein, the following terms shall have the following meanings: <br />(a) "Event of Default ": shall have the meaning ascribed to <br />such term in Article 4 hereof. <br />(b) "Indebtedness ": All obligations of Grantor and any of the <br />Borrowers to Beneficiary, including, without limitation, (1) the repayment of all amounts <br />outstanding from time to time under the Loan Agreement and the other Loan Documents, <br />with such indebtedness maturing on the Maturity Date (as defined in the Loan <br />Agreement), including principal, interest (including all interest that, but for the provisions <br />of the Bankruptcy Code, would have accrued), and other amounts which may now or <br />hereafter be advanced as Advances, (2) the full and prompt performance of any and all <br />repayment, fee, and indemnification obligations with respect to any Letters of Credit, (3) <br />fees, costs, expenses, charges and indemnification obligations accrued, incurred or arising <br />in connection with any Loan Document, (4) any and all future advances made pursuant to <br />the terms of the Loan Agreement, and (5) all other payment Obligations. The Loan <br />Agreement contains a revolving credit facility that permits Borrowers to borrow certain <br />principal amounts, repay all or a portion of such principal amounts, and reborrow the <br />amounts previously paid to Beneficiary, all upon satisfaction of certain conditions stated <br />in the Loan Agreement. This Deed of Trust secures all Advances and re- advances under <br />the revolving credit feature of the Loan Agreement. <br />(c) "Obligations ": All of the agreements, covenants, <br />conditions, warranties, representations and other obligations of Grantor and the <br />Borrowers under the Loan Agreement and the other Loan Documents, including, but not <br />limited to, the "Obligations ", as defined in the Loan Agreement, but specifically <br />excluding the Bank Product Obligations (as defined in the Loan Agreement). This Deed <br />of Trust is not security or collateral for the Bank Product Obligations. <br />(d) "Permitted Liens ": shall have the meaning ascribed to <br />such term in the Loan Agreement. <br />(e) "Trust Property ": All of Grantor's interest in (1) the fee <br />interest in the real property described in Exhibit A attached hereto and incorporated <br />herein by this reference, together with any greater estate therein as hereafter may be <br />acquired by Grantor (the "Land "), (2) all improvements now owned or hereafter acquired <br />by Grantor, now or at any time situated, placed or constructed upon the Land (the <br />"Improvements "; the Land and Improvements are collectively referred to herein as the <br />LA/975395.1 2 <br />