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<br />200600597
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<br />"Loan Documents" has the meaning assigned to it in the Credit Agreement.
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<br />"Obligations", collectively, shall mean and include (a) all obligations of Company to pay
<br />principal and interest in respect of Revolving Credit Advances made under the Revolving Credit
<br />Facility established pursuant to the Credit Agreement; (b) all obligations of Company to pay
<br />principal and interest in respect of the Term Loans; (c) all obligations of Company to Beneficiary
<br />(or any of its affiliates), under any agreement now or hereafter executed by Company and
<br />Beneficiary (or any of its affiliates) providing any interest rate swap, interest rate cap or other
<br />interest hedge and under any other "Swap Agreement" (as that term is defined in the Credit
<br />Agreement) now or hereafter executed by Company and Beneficiary (or any of its affiliates);
<br />(d) all other indebtedness, obligations and liabilities of Company for the payment of any and all
<br />loans, advances and other financial accommodations, together with all interest, charges and fees
<br />thereon, made by Beneficiary under or pursuant to the Credit Agreement, whether now or
<br />hereafter arising; (e) any and all additional advances made by Beneficiary to protect or preserve
<br />the Premises or the lien hereof on the Premises, or for taxes, assessments, insurance premiums or
<br />other advances authorized under the terms of this Instrument; (f) all obligations of Grantor under
<br />this Instrument, and (g) all other "Obligations" (as that term is defined in the Credit Agreement),
<br />and all renewals, modifications, consolidations and extensions of the foregoing.
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<br />"Permitted Encumbrances" shall mean those matters identified on Exhibit "B" attached to
<br />this Instrument and by this reference made a part hereof.
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<br />"Plant. Equipment and Personal Property" shall mean and include all buildings, structures
<br />and improvements of every nature whatsoever now or hereafter situated on the Land, and all gas
<br />and electric fixtures, radiators, heaters, engines and machinery, boilers, ranges, elevators, motors,
<br />plumbing and heating fixtures, carpeting and other floor coverings, fire extinguishers and any
<br />other safety equipment required by governmental regulation or law, washers, dryers, water
<br />heaters, mirrors, mantels, air conditioning apparatus, refrigerating plants, refrigerators, cooking
<br />apparatus and appurtenances, window screens, awning and storm sashes, which are or shall be
<br />attached to said buildings, structures or improvements and any other furnishings, furniture,
<br />fixtures, machinery, equipment, appliances, vehicles, building supplies and materials, books and
<br />records, chattels, contract rights, and personal property of every kind and nature whatsoever in
<br />which Grantor now or hereafter owns an interest and located in, on or about, or used or intended
<br />to be used with or in connection with the use, operation or enjoyment of the Premises, including
<br />all extensions, additions, improvements, betterments, after-acquired property, renewals,
<br />replacements and substitutions, or proceeds from a sale of any of the foregoing; and all the right,
<br />title and interest of Grantor in any such furnishings, furniture, fixtures, machinery, equipment,
<br />appliances, vehicles and personal property subject to or covered by any prior security agreement,
<br />conditional sales contract, chattel mortgage or similar lien or claim, together with the benefit of
<br />any deposits or payments now or hereafter made by Grantor or on behalf of Grantor; and all
<br />personal property constituting proceeds acquired with cash proceeds of any of the Plant,
<br />Equipment and Personal Property described hereinabove; all of which are hereby declared and
<br />shall be deemed to be fixtures, and accessions to the Land and a part of the Premises as between
<br />the parties hereto and all persons claiming by, through or under them, and which shall be deemed
<br />to be a portion of the security for the Obligations. The location of the Plant, Equipment and
<br />Personal Property is also the location of the Land.
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