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200609881
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Last modified
3/4/2012 11:23:45 AM
Creation date
11/3/2006 3:25:47 PM
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DEEDS
Inst Number
200609881
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200609881 <br />time prior to the Expiration Date, in each case on the terms and subject to the conditions of the <br />Loan Agreement. <br />C. The obligations of the Lenders to make Loans and of the Issuer to issue <br />Letters of Credit are conditioned upon, among other things, the execution and delivery by the <br />Grantor of this Deed of Trust, to secure the due and punctual payment and performance of the <br />following described indebtedness and obligations: (a) all Obligations; and (b) any and all <br />additional advances made by any Credit Party, to the extent made consistent with the terms <br />hereof, to protect or preserve the Mortgaged Property (as defined herein) or the security interest <br />created hereby on the Mortgaged Property, or for taxes, assessments or insurance premiums as <br />hereinafter provided or for performance of any of Grantor's obligations hereunder or under the <br />other Loan Documents or for any other purpose provided herein or in the other Loan Documents <br />(whether or not the original Grantor remains the owner of the Mortgaged Property at the time of <br />such advances) (hereinafter, all of the foregoing shall collectively be referred to as the "Secured <br />Obligations "). <br />D. Pursuant to the requirements of the Loan Agreement, the Grantor is <br />granting this Deed of Trust in favor of the Trustee for the benefit of the Beneficiary, as agent for <br />the ratable benefit of the Credit Parties to create a security interest in the Mortgaged Property (as <br />defined herein) to secure the performance and payment by the Grantor of the Secured <br />Obligations. The Loan Agreement also requires the granting by the Grantor and other Loan <br />Parties of other mortgages or deeds of trust (the "Other Deeds of Trust ") that create security <br />interests in certain mortgaged properties other than the Mortgaged Property to secure the <br />performance of the Secured Obligations. <br />E. Although the Grantor is obligated to the Credit Parties for the full amount <br />of the Secured Obligations, the Beneficiary agrees that the Secured Obligations of the Grantor to <br />the Credit Parties secured by this Deed of Trust and all the Other Deeds of Trust on Real Estate <br />shall be limited to the lesser of (i) the outstanding balance of the Secured Obligations, or (ii) <br />$165,000,000.00. <br />GRANTING CLAUSE: <br />NOW THEREFORE, IN CONSIDERATION OF TEN AND NO /100 DOLLARS <br />($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, the receipt and <br />sufficiency whereof are hereby acknowledged by Grantor, and in order to secure the <br />Secured Obligations, Grantor does hereby grant, bargain, sell, transfer, assign, mortgage, <br />grant a security interest in, warrant and convey unto the Trustee, his heirs, successors and <br />assigns for the benefit of the Beneficiary and the ratable benefit of the Credit Parties, and <br />their respective successors and assigns, all of the following described property <br />(hereinafter those items of property described in subparagraphs (a), (b) and (c), below, <br />collectively referred to as the "Property", and together with the property described in <br />subparagraphs (d), (e) and (f), collectively, the "Mortgaged Property "): <br />(a) All those certain tracts or parcels of land described in Exhibit A attached <br />hereto and by this reference made a part hereof, together with all right, title and <br />interest of Grantor, including any after - acquired title or reversion, in and to the <br />2 <br />MA <br />
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