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-5- 200311854 TOGETHER WITH all the estate, right, title, interest and other claim of the Trustor with respect to any parking facilities located other than on the Properties and used or intended to be used in connection with the operation; ownership or use of the Properties, any and all replacements and substitutions for the same, and any other parking rights, easements, covenants and other interests in parking facilities acquired by the Trustor for the use of tenants or occupants of the Improvements (all of the foregoing estate, right, title, interest and other claim being hereinafter collectively called "Parking Rights "); and TOGETHER WITH all estate, right, title and interest of the Trustor in respect of any and all air rights, development rights, zoning rights or other similar rights or interests that benefit or are appurtenant to the Properties or the Improvements (all of the foregoing estate, right, title and interest being hereinafter collectively called "Air and Development Rights "); All of the foregoing Easements and Rights of Way, Adjacent Rights, Improvements, Fixtures, Mineral and Related Rights, Rents, Damage Rights, Parking Rights and Air and Development Rights being sometimes hereinafter referred to collectively as the "Ancillary Rights and Properties" and the Properties and Ancillary Rights and Properties being sometimes hereinafter referred to collectively as the "Trust Estate "; TO HAVE AND TO HOLD the Trust Estate with all privileges and appurtenances thereunto belonging, to the Trustee and the Beneficiary and their respective successors and assigns, forever, upon the trust, terms and conditions and for the uses hereinafter set forth; PROVIDED ALWAYS, that if the principal of and interest on the Loans under the Credit Agreement and all of the other Obligations shall be paid in full, and the Trustor shall abide by and comply with each and every covenant contained herein and in the Credit Agreement and the Security and Guarantee Agreement, then the Beneficiary shall cause this Deed of Trust to be reconveyed and the Lien and estate hereby granted to be released. This Deed of Trust, the Credit Agreement and any other instrument given to evidence or further secure the payment and performance of any Obligation are sometimes hereinafter collectively referred to as the "Loan Instruments ". TO PROTECT THE SECURITY OF THIS DEED OF TRUST, THE TRUSTOR HEREBY COVENANTS AND AGREES AS FOLLOWS: Deed of Trust NY t : #3351532v3