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<br />, .
<br />
<br />200512483
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<br />WHEREAS, Trustor wishes to provide further assurance and security to the Agent
<br />and the Lenders and as a condition to the Agent and the Lenders executing the Credit
<br />Agreement, the Agent and the Lenders are requiring that Trustor grant to the Agent, on behalf of
<br />the Lenders, a security interest in and a first mortgage lien upon the Property (as hereinafter
<br />defined), subject to the Permitted Encumbrances (as such term is defined in the Credit
<br />Agreement), to secure all of Trustor's obligations under the Credit Agreement, this Deed of Trust
<br />and the Loan Documents (as such term is defined in the Credit Agreement). All capitalized
<br />terms used herein but not defined herein shall have the meanings ascribed to them in the Credit
<br />Agreement.
<br />
<br />II.
<br />THE GRANT
<br />
<br />NOW, THEREFORE, in order to secure the payment of the obligations of Trustor
<br />under the Credit Agreement, this Deed of Trust and the other Loan Documents that may now or
<br />hereafter become owing from Trustor to Beneficiary and the Lenders (the "Secured
<br />Indebtedness"), and in consideration of Ten and No/IOO Dollars ($10.00) in hand paid by
<br />Beneficiary to Trustor, the Recitals above stated, and for other good and valuable consideration,
<br />the receipt and sufficiency of which are hereby acknowledged, Trustor hereby irrevocably grants,
<br />bargains, sells, releases, conveys, warrants, assigns, transfers, mortgages, deeds, pledges,
<br />hypothecates, sets over and confirms unto Trustee, IN TRUST WITH POWER OF SALE AND
<br />RIGHT OF ENTRY AND POSSESSION for the benefit and security of Beneficiary and its
<br />successors and assigns (for the benefit of the Lenders) forever TO HAVE AND TO HOLD the
<br />Property (as hereinafter defined) by virtue of Trustor's leasehold estate therein with all privileges
<br />and appurtenances thereunto belonging to Trustee and Trustor does hereby bind itself, its
<br />successors and assigns to WARRANT AND FOREVER DEFEND the title to the Property unto
<br />Trustee and Beneficiary forever.
<br />
<br />The "Property" shall mean and include Trustor's estate, right, claim and interest
<br />in and to the Premises, together with all of Trustor's estate, right, claim and interest in and to the
<br />following described property, all of which other property is pledged primarily on a parity with
<br />the Premises and not secondarily:
<br />
<br />(a) all buildings, structures and other improvements of every kind and
<br />description now or hereafter erected, situated, or placed upon the Premises (the
<br />"Improvements"), together with any and all personal property now or hereafter owned by
<br />Trustor and located in or on, forming part of, attached to, used or intended to be used in
<br />connection with, or incorporated in any such Improvements, including all extensions of,
<br />additions to, betterments, renewals of~ substitutions for and replacements for any of the
<br />foregoing;
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<br />(b) all claims, demands, rights, title and interest of Trustor now owned or
<br />hereafter acquired, including without limitation, any after-acquired title, franchise,
<br />license, remainder or reversion, in and to any and all (i) land or vaults lying within the
<br />right-of-way of any street, avenue, way, passage, highway, or alley, open or proposed,
<br />vacated or otherwise, adjoining the Premises; (ii) alleys, sidewalks, streets, avenues,
<br />strips and gores of land belonging, adjacent or pertaining to the Premises or the
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