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ARTICLE 200206622
<br />DEFINITIONS
<br />In addition to the terms defined hereinabove, for the purpose of this Instrument, the
<br />following defined terms shall have the meanings ascribed thereto in this Article I:
<br />"Easements and Appurtenances" shall mean and include all easements, rights -of -way,
<br />strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, waters, water
<br />courses, water rights and powers, minerals, oil and gas, flowers, shrubs, crops, trees, timber and
<br />other emblements now or hereafter located on the Land or under or above the same or any part or
<br />parcel thereof, and all estates, rights, titles, interests, privileges, liberties, tenements,
<br />hereditaments and appurtenances, reversion and reversions, remainder and remainders,
<br />whatsoever, in any way belonging, relating or appertaining to the Premises or any part thereof, or
<br />which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or
<br />hereafter acquired by Grantor.
<br />"Event of Default" or "Default" shall have the meaning ascribed thereto in Section 4.01
<br />hereof.
<br />"Land" shall mean, to the full extent of Grantor's right, title and interest therein, all of the
<br />Land described on Exhibit "A" attached to this Instrument and by this reference made a part
<br />hereof.
<br />"Leases and Rents" shall mean and include all leases, tenant contracts and rental
<br />agreements pertaining to the Premises and all income, rents, issues, profits and revenues of the
<br />Premises from time to time accruing (including without limitation all payments under subleases
<br />or tenancies, proceeds of insurance, condemnation payments, tenant security deposits whether
<br />held by Grantor or in a trust account, and escrow funds), and all the estate, right, title, interest,
<br />property, possession, claim and demand whatsoever at law, as well as in equity, of Grantor of, in
<br />and to the same.
<br />"Obligations ", collectively, shall mean and include (a) all obligations of Company to pay
<br />principal and interest in respect of Revolving Credit Loans made under the Revolving Credit
<br />Facility established pursuant to the Credit Agreement; (b) all obligations of Company to pay
<br />principal and interest in respect of the Term Loan; (c) all obligations of Company to Beneficiary
<br />(or any of its affiliates), under any agreement now or hereafter executed by Company and
<br />Beneficiary (or any of its affiliates) providing any interest rate swap, interest rate cap or other
<br />interest hedge and under any other "Financial Contract" (as that term is defined in the Credit
<br />Agreement) now or hereafter executed by Company and Beneficiary (or any of its affiliates);
<br />(d) all other indebtedness, obligations and liabilities of Company for the payment of any and all
<br />loans, advances and other financial accommodations, together with all interest, charges and fees
<br />thereon, made by Beneficiary under or pursuant to the Credit Agreement, whether now or
<br />hereafter arising; (e) any and all additional advances made by Beneficiary to protect or preserve
<br />the Premises or the lien hereof on the Premises, or for taxes, assessments, insurance premiums or
<br />other advances authorized under the terms of this Instrument; (f) all obligations of Grantor under
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