|
<br />- 3 -
<br />
<br />200512344
<br />
<br />extensions, substitutions, exchanges and renewals shall enjoy the same priority as the
<br />initial Loans thereunder),
<br />
<br />(b) the performance and payment of the covenants, agreements and obligations
<br />hereinafter contained and all other monies secured hereby, including, without limitation,
<br />any and all sums expended by the Beneficiary pursuant to Section 1.10, together with
<br />interest thereon,
<br />
<br />(c) the payment of all other obligations of the Trustor to the Lenders under the
<br />Credit Agreement,
<br />
<br />(d) the payment of all obligations of the Trustor to the Swap Providers
<br />constituting Interest Rate Protection Obligations, and
<br />
<br />(e) the payment of all obligations of the Trustor to the Swingline Lenders
<br />constituting Swingline Indebtedness Obligations,
<br />
<br />the Trustor hereby irrevocably grants, bargains, sells, releases, conveys, warrants, assigns,
<br />transfers, mortgages, pledges, sets over and confirms unto the Trustee, IN TRUST WITH
<br />POWER OF SALE and right of entry and possession, for the benefit and security ofthe
<br />Beneficiary, under and subject to the terms and conditions hereinafter set forth, the lands and
<br />premises (collectively, the "Properties") more particularly described in Schedule I;
<br />
<br />TOGETHER WITH all interests, estates or other claims, both in law and in
<br />equity, that the Trustor now has or may hereafter acquire in (a) the Properties, (b) all easements,
<br />rights-of-way and rights used in connection therewith or as a means of access thereto and (c) all
<br />tenements, hereditaments and appurtenances in any manner belonging, relating or appertaining
<br />thereto (all of the foregoing interests, estates and other claims being hereinafter collectively
<br />called "Easements and Rights ofWav"); and
<br />
<br />TOGETHER WITH all estate, right, title and interest ofthe Trustor, now owned
<br />or hereafter acquired, in and to any land lying within the right-of-way of any streets, open or
<br />proposed, adjoining the Properties, and any and all sidewalks, alleys and strips and gores of land
<br />adjacent to or used in connection therewith (all of the foregoing estate, right, title and interest
<br />being hereinafter called "Adiacent Rights"); and
<br />
<br />TOGETHER WITH all estate, right, title and interest of the Trustor, now owned
<br />or hereafter acquired, in and to any and all buildings and other improvements now or hereafter
<br />located on the Properties and all building materials, building equipment and fixtures of every
<br />kind and nature located on the Properties or, attached to, contained in or used in any such
<br />
<br />Deed of Trust
<br />
<br />NY3:#7374669
<br />
|