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200507874
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200507874
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Last modified
10/17/2011 11:05:21 AM
Creation date
10/28/2005 11:51:36 AM
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DEEDS
Inst Number
200507874
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200507874 <br />"Central Account" shall mean an Eligible Account, maintained at the Bank, in the name of Lender or its <br />successors or assigns (as secured party) as may be designated by Lender. <br />"Closing Date" shall mean the date of the Note. <br />"Code" shall mean the Internal Revenue Code of 1986, as amended and as it may be further amended from <br />time to time, any successor statutes thereto, and applicable U.S. Department of Treasury regulations issued pursuant <br />thereto. <br />"Collection Account" shall mean a demand deposit account designated by Lender, which shall be an <br />Eligible Account, to which payments of Debt are transferred. <br />"Condemnation Proceeds" shall mean all of the proceeds in respect of any Taking or purchase in lieu <br />thereof. <br />"Contractual Obligation" shall mean, as to any Person, any provision of any security issued by such Person <br />or of any agreement, instrument or undertaking to which such Person is a party or by which it or any of the property <br />owned by it is bound. <br />"Control" means, when used with respect to any specific Person, the possession, directly or indirectly, of <br />the power to direct or cause the direction of the management and policies of such Person whether through ownership <br />of voting securities, beneficial interests, by contract or otherwise. The definition is to be construed to apply equally <br />to variations of the word "Control' including "Controlled," "Controlling" or "Controlled by." <br />"CPI" shall mean "The Consumer Price Index (New Series) (Base Period 1982 -84 =100) (all items for all <br />urban consumers)" issued by the Bureau of Labor Statistics of the United States Department of Labor (the <br />"Bureau "). If the CPI ceases to use the 1982 -84 average equaling 100 as the basis of calculation, or if a change is <br />made in the term, components or number of items contained in said index, or if the index is altered, modified, <br />converted or revised in any other way, then the index shall be adjusted to the figure that would have been arrived at <br />had the change in the manner of computing the index in effect at the date of this Security Instrument not been made. <br />If at any time during the term of this Security Instrument the CPI shall no longer be published by the Bureau, then <br />any comparable index issued by the Bureau or similar agency of the United States issuing similar indices shall be <br />used in lieu of the CPI. <br />"Cross - collateralization Agreement" shall mean that certain Cross - collateralization Agreement of even date <br />herewith among Borrower, the Cross - collateralized Borrowers and Lender. <br />"Cross - collateralized Mortgage" shall mean each mortgage, deed of trust, deed to secure debt, security <br />agreement, assignment of rents and fixture filing as originally executed or as same may hereafter from time to time <br />be supplemented, amended, modified or extended by one or more indentures supplemental thereto granted by a <br />Cross - collateralized Borrower to Lender as security for the Note. <br />"Cross - collateralized Property" shall mean each parcel or parcels of real property encumbered by a Cross - <br />collateralized Mortgage as identified on Exhibit F attached hereto and made a part hereof; provided, however, at <br />such time, if any, that a Cross - collateralized Mortgage is released by Lender, the property which was encumbered by <br />such Cross- collateralized Property shall no longer constitute a Cross - collateralized Property. <br />"Debt" shall have the meaning set forth in the Recitals hereto. <br />"Debt Service" shall mean the amount of interest and principal payments due and payable in accordance <br />with the Note during an applicable period. <br />"Debt Service Coverage" shall mean the quotient obtained by dividing Net Operating Income for the <br />specified period by the sum of the (a) aggregate payments of interest, principal and all other sums due for such <br />7 <br />
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