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200210067
<br />Grantor contained in the Credit Agreement, the Loan Documents, and any other
<br />instruments relating to the Secured Obligations,
<br />GRANTOR HEREBY IRREVOCABLY GRANTS, BARGAINS, SELLS,
<br />CONVEYS, TRANSFERS, PLEDGES, SETS OVER AND ASSIGNS, AND GRANTS
<br />A SECURITY INTEREST IN, TO TRUSTEE AND ITS SUCCESSORS AND
<br />ASSIGNS, IN TRUST FOR THE SECURITY AND BENEFIT OF BENEFICIARY
<br />AND ITS SUCCESSORS AND ASSIGNS, all of Grantor's estate, right, title and interest
<br />in, to and under any and all of the following described property, whether now owned or
<br />hereafter acquired:
<br />(A) the Real Estate;
<br />(B) all right, title and interest Grantor now has or may hereafter
<br />acquire in and to the Improvements or any part thereof (whether owned in fee by
<br />Grantor or otherwise) and all the estate, right, title, clam or demand whatsoever
<br />of Grantor, in possession or expectancy, in and to the Real Estate or any part
<br />thereof including, without limitation, any fee title or other estate acquired by
<br />Grantor subsequent to the execution and delivery of this Deed of Trust;
<br />(C) all right, title and interest of Grantor, if any, in, to and under all
<br />easements, rights of way, gores of land, streets, ways, alleys, passages, sewer
<br />rights, waters, water courses, water and riparian rights, development rights, air
<br />rights, mineral rights and all estates, rights, titles, interests, privileges, licenses,
<br />tenements, hereditaments and appurtenances belonging, relating or appertaining to
<br />the Real Estate, and any reversions, remainders, rents, issues, profits and revenue
<br />thereof and all land lying in the bed of any street, road or avenue, in front of or
<br />adjoining the Real Estate to the center line thereof;
<br />(D) all right, title and interest of Grantor, if any, in and to all
<br />substitutes and replacements of, and all additions and improvements to, the Real
<br />Estate, subsequently acquired by or released to Grantor or constructed, assembled
<br />or placed by Grantor on the Real Estate, immediately upon such acquisition,
<br />release, construction, assembling or placement, including, without limitation, any
<br />and all building materials whether stored at the Real Estate or offsite, and, in each
<br />such case, without any further mortgage, conveyance, assignment or other act by
<br />Grantor;
<br />(E) all right, title and interest of Grantor, if any, in, to and under all
<br />leases, subleases underlettings, concession agreements, management agreements,
<br />licenses and other agreements relating to the use or occupancy of the Real Estate
<br />or any part thereof, now existing or subsequently entered into by Grantor and
<br />whether written or oral and all guarantees of any of the foregoing (collectively, as
<br />any of the foregoing may be amended, restated, extended, renewed or modified
<br />from time to time, the "Leases "), and all rights of Grantor, if any, in respect of
<br />cash and securities deposited thereunder and the right to receive and collect the
<br />revenues, income, rents, issues and profits thereof, together with all other rents,
<br />NY2 \I
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