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200600022
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Last modified
3/4/2012 10:53:32 AM
Creation date
1/3/2006 3:50:50 PM
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DEEDS
Inst Number
200600022
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200600022 <br />of the Land and the Improvement or any part thereof; and all drawings, plans, specifications and <br />similar or related items relating to the Land and the Improvements; <br />(n) Conversion. All proceeds of the conversion, voluntary or involuntary, of any of <br />the foregoing items set forth in, subsections (a) through (m) including, without limitation, <br />Insurance Proceeds and Awards, into cash or liquidation claims; and <br />(o) Other Rights. Any and all other rights of Borrower in and to the items set forth in <br />subsections (a) through (n) above. <br />Section 1.2 ASSIGNMENT OF RENTS. Borrower hereby absolutely and unconditionally <br />assigns to Administrative Agent and Trustee all of Borrower's right, title and interest in and to <br />all current and future Leases and Rents; it being intended by Borrower that this assignment <br />constitutes a present, absolute assignment and not an assignment for additional security only. <br />Nevertheless, subject to the terms of the Credit Agreement and Section 8.1(g) of this Security <br />Instrument, Administrative Agent grants to Borrower a revocable license to collect, receive, use <br />and enjoy the Rents and Borrower shall hold the Rents, or a portion thereof sufficient to <br />discharge all current sums due on the Obligations, for use in the payment of such sums. <br />Section 1.3 SECURITY AGREEMENT. This Security Instrument is both a real property <br />deed of trust and a "security agreement' within the meaning of the Uniform Commercial Code. <br />The Property includes both real property and Fixtures and all other rights and interests, whether <br />tangible or intangible in nature, of Borrower in the Property. By executing and delivering this <br />Security Instrument, Borrower hereby grants to Administrative Agent and Trustee, as security for <br />the Secured Obligations (hereinafter defined), a security interest in the Fixtures to the full extent <br />that the Fixtures may be subject to the Uniform Commercial Code. <br />Section 1.4 FLxTuRE FILING. Certain of the Property is or will become "fixtures" (as <br />that term is defined in the Uniform Commercial Code) on the Land, and this Security Instrument, <br />upon being filed for record in the real estate records of the city or county wherein such fixtures <br />are situated, shall operate also as a financing statement filed as a fixture filing in accordance with <br />the applicable provisions of said Uniform Commercial Code upon such of the Property that is or <br />may become fixtures. <br />Section 1.5 CQNRrrIONS To GRANT: TO HAVE AND TO HOLD the above granted <br />and described Property unto Trustee for and on behalf of Administrative Agent and to the use <br />and benefit of Administrative Agent and Trustee and their successors and assigns, forever; IN <br />TRUST, WITH POWER OF SALE, to secure payment to Administrative Agent of the <br />Obligations at the time and in the manner provided for its payment in the Note and in this <br />Security Instrument. <br />UPON CONDITION that, so long as no Event of Default has occurred and is continuing, <br />Borrower shall be permitted to possess and use the Property and to use the rents, issue, profits, <br />revenues and other income of the Property as provided or permitted by the terms of this Security <br />Instrument, the Credit Agreement and the other Loan Documents; <br />PROVIDED, HOWEVER, these presents are upon the express condition that, if <br />Borrower shall well and truly pay to Administrative Agent the Obligations at the time and in the <br />manner provided in the Note, the Credit Agreement and this Security. Instrument, shall well and <br />truly perform the Other Obligations as set forth in this Security Instrument and shall well and <br />-4- <br />
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