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<br />200411880
<br />Granting Clauses
<br />NOW, THEREFORE, IN CONSIDERATION OF the foregoing, Grantor
<br />and Beneficiary hereby amend and restate the Existing Deed of Trust in its entirety, with
<br />no affect on the priority thereof, as follows in order to secure the due and punctual
<br />payment and performance of the Obligations by the Grantor, Grantor hereby assigns and
<br />conveys as security, grants a security interest in, hypothecates, mortgages, pledges,
<br />warrants and sets over unto TRUSTEE, in TRUST FOREVER, with power of sale, for
<br />the benefit of the Beneficiary, with mortgage covenants, all the following described
<br />property (the "Trust Property ") whether now owned or held or hereafter acquired:
<br />(1) all of Grantor's right, title and interest in all the fee estate in the land
<br />more particularly described on Exhibit A hereto (the "Land "), together with all
<br />rights appurtenant thereto, including the easements over certain other adjoining
<br />land granted by any easement agreements, covenant or restrictive agreements and
<br />all air rights, mineral rights, water rights, oil and gas rights and development
<br />rights, if any, relating thereto, and also together with all of the other easements,
<br />rights, privileges, interests, permits, hereditaments and appurtenances thereunto
<br />belonging or in any way appertaining and all of the estate, right, title, interest,
<br />claim or demand whatsoever of Grantor therein and in the streets and ways
<br />adjacent thereto, either in law or in equity, in possession or expectancy, now or
<br />hereafter acquired (the "Premises ");
<br />(2) all of Grantor's right, title and interest in all buildings, improvements,
<br />structures, paving, parking areas, walkways and landscaping now or hereafter
<br />erected or located upon the Land, and all fixtures of every kind and type affixed to
<br />the Premises or attached to or forming part of any structures, buildings or
<br />improvements and replacements thereof now or hereafter erected or located upon
<br />the Land (the "Improvements ");
<br />(3) all of Grantor's right, title and interest in all apparatus, movable
<br />appliances, building materials, equipment, fittings, furnishings, furniture,
<br />machinery and other articles of tangible personal property of every kind and
<br />nature, and replacements thereof, now or at any time hereafter placed upon or
<br />used in any way in connection with the use, enjoyment, occupancy or operation of
<br />the Improvements or the Premises, including all of Grantor's books and records
<br />relating thereto and including all pumps, tanks, goods, machinery, tools,
<br />equipment, lifts (including fire sprinklers and alarm systems, fire prevention or
<br />control systems, cleaning rigs, air conditioning, heating, boilers, refrigerating,
<br />electronic monitoring, water, loading, unloading, lighting, power, sanitation,
<br />waste removal, entertainment, communications, computers, recreational, window
<br />or structural, maintenance, truck or car repair and all other equipment of every
<br />kind), restaurant, bar and all other indoor or outdoor furniture (including tables,
<br />chairs, booths, serving stands, planters, desks, sofas, racks, shelves, lockers and
<br />cabinets), bar equipment, glasses, cutlery, uniforms, linens, memorabilia and
<br />other decorative items, furnishings, appliances, supplies, inventory, rugs, carpets
<br />and other floor coverings, draperies, drapery rods and brackets, awnings, venetian
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