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<br />the Trustee, the Beneficiary and/or the Secured Parties of their rights hereunder with
<br />respect thereto, together with reasonable attorneys' fees and court costs; and
<br />(iv) all amounts as to which any Indemnitee (as defined in Section 4.10 hereof)
<br />has the right to indemnification or reimbursement from the Trustor under any of the
<br />Financing Documents under Section 4.10 hereof.
<br />All such obligations, liabilities, indebtedness, fees, amounts, sums and expenses set forth in
<br />clauses (i) through (iv) above, whether outstanding on the date of this Deed of Trust or extended,
<br />accruing or paid from time to time after the date of this Deed of Trust, being herein collectively
<br />called the "Obligations ".
<br />NOW, THEREFORE, as security for the Obligations and in consideration of the payment
<br />of ten dollars ($10.00) and the other benefits accruing to the Trustor, the receipt and sufficiency
<br />of which are hereby acknowledged, THE TRUSTOR HEREBY, GIVES, GRANTS,
<br />BARGAINS, SELLS, CONVEYS AND CONFIRMS TO THE TRUSTEE IN TRUST WITH
<br />POWER OF SALE AND RIGHT OF ENTRY AND POSSESSION FOR THE BENEFIT OF
<br />THE BENEFICIARY AND THE SECURED PARTIES AND THEIR SUCCESSORS AND
<br />ASSIGNS FOREVER (subject to applicable law) all of the Trustor's estate, right, title and
<br />interest, whether now owned or hereafter acquired, whether as owner, lessor or lessee and
<br />whether vested or contingent, in and to all of the following:
<br />A. The land described in Exhibit A hereto, together with all rights, privileges,
<br />franchises and powers related thereto which are appurtenant to said land or its ownership,
<br />including all minerals, oil and gas and other hydrocarbon substances thereon or therein; waters,
<br />water courses, water stock, water rights (whether riparian, appropriative, or otherwise, and
<br />whether or not appurtenant), water allocations, sewer rights, shrubs, crops, trees, timber and
<br />other emblements now or hereafter on, under or above the same or any part or parcel thereof (the
<br />"Pioneer Trail Land ");
<br />B. All buildings, structures, tenant improvements and other improvements of every
<br />kind and description now or hereafter located in or on the Pioneer Trail Land and all component
<br />or integral parts thereof, including, but not limited to, all structures, improvements, rail spurs,
<br />dams, reservoirs, water, sanitary and storm sewers, drainage, electricity, steam, gas, telephone
<br />and other utility facilities, parking areas, roads, driveways, walks and other site improvements of
<br />every kind and description now or hereafter erected or placed on the Pioneer Trail Land, together
<br />with all additions thereto and all renewals, alterations, substitutions and replacements thereof
<br />(collectively, the "Improvements");
<br />C. All fixtures, attachments, appliances, equipment, machinery, building materials
<br />and supplies, and other tangible personal property, now or hereafter attached to said
<br />Improvements or now or at any time hereafter located on the Pioneer Trail Land and/or
<br />Improvements, including, but not limited to, artwork, decorations, draperies, furnaces, boilers,
<br />oil burners, piping, plumbing, refrigeration, air conditioning, lighting, ventilation, disposal and
<br />sprinkler systems, elevators, motors, dynamos and all other equipment and machinery,
<br />appliances, fittings and fixtures of every kind located in or used in the operation of the
<br />Improvements located on the Pioneer Trail Land, together with all additions thereto and all
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