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<br />(f) Grantor shall furnish to Beneficiary, within 30 days after a request by
<br />Beneficiary to do so, a written statement containing the names of each Operator, if any,
<br />all tenants, subtenants and concessionaires of the Premises or Improvements, the terms of
<br />each Operating Lease, if any, or any other Lease, the space occupied and the rentals or
<br />license fees payable thereunder.
<br />SECTION 1.10. Restrictions on Transfers and Encumbrances. Except as
<br />permitted hereby, by the Credit Agreement or by the Guarantee Agreement, Grantor shall
<br />not directly or indirectly sell, convey, alienate, assign, lease, sublease, license, mortgage,
<br />pledge, encumber or otherwise transfer, create, consent to or suffer the creation of any
<br />lien, charges or any form of encumbrance upon any interest in or any part of the Trust
<br />Property, or be divested of its title to the Trust Property or any interest therein in any
<br />manner or way, whether voluntarily or involuntarily (other than resulting from a taking),
<br />or engage in any common, cooperative, joint, time - sharing or other congregate ownership
<br />of all or part thereof; provided, however, that Grantor may in the ordinary course of
<br />business within reasonable commercial standards, enter into easement or covenant
<br />agreements which relate to and/or benefit the operation of the Trust Property and which
<br />do not materially or adversely affect the use and operation of the same (except for
<br />customary utility easements which service the Trust Property).
<br />SECTION 1.11. Security Agreement. This Deed of Trust is both a
<br />mortgage of real property and a grant of a security interest in personal property, and shall
<br />constitute and serve as a "Security Agreement" within the meaning of the uniform
<br />commercial code as adopted in the state wherein the Premises are located. Grantor has
<br />hereby granted unto Beneficiary a security interest in and to all the Trust Property
<br />described in this Deed of Trust that is not real property, and simultaneously with the
<br />recording of this Deed of Trust, Grantor has filed or will file UCC financing statements,
<br />and will file continuation statements prior to the lapse thereof, at the appropriate office in
<br />the state of organization of Grantor to perfect the security interest granted by this Deed of
<br />Trust in all the Trust Property that is not real property. Grantor hereby appoints
<br />Beneficiary as its true and lawful attorney -in -fact and agent, for Grantor and in its name,
<br />place and stead, in any and all capacities, to execute any document and to file the same in
<br />the appropriate offices (to the extent it may lawfully do so), and to perform each and
<br />every act and thing requisite and necessary to be done to perfect the security interest
<br />contemplated by the preceding sentence. Beneficiary shall have all rights with respect to
<br />the part of the Trust Property that is the subject of a security interest afforded by the
<br />uniform commercial code as adopted in the state wherein the Premises are located in
<br />addition to, but not in limitation of, the other rights afforded Beneficiary hereunder.
<br />SECTION 1.12. Filing and Recording. Grantor will cause this Deed of
<br />Trust, any other security instrument creating a security interest in or evidencing the lien
<br />hereof upon the Trust Property and each instrument of further assurance to be filed,
<br />registered or recorded in such manner and in such places as may be required by any
<br />present or future law in order to publish notice of and fully to perfect the lien hereof
<br />upon, and the security interest of Beneficiary in, the Trust Property. Grantor will pay all
<br />filing, registration or recording fees, and all expenses incidental to the execution and
<br />acknowledgment of this Deed of Trust, any deed of trust supplemental hereto, any
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<br />[[NYC0RP:2455 832v 1 ]
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