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88- 100020 r called the are hereinafter of the preceding "Indebtedness"; sentence Whereas, this Deed of Trust also secures the payment of and includes all future or further advances as shall be made at all times, regardless of ~lether proceeds of the Loan have been disbursed by the Beneficiary herein or its successors or assigns, to and for the benefit of ~he Mortgagor, its successors or as- signs, to the same extent as if such future advances were made on the date of the execution of this Deed of Trust. The total amount of Indebtedness secured by thi s Deed of Trust may decrease or increase from time to time but the total unpaid principal balance so secured at anyone time shall not exceed the lesser of: (i) the maximum principal sum permitted by the laws of the state in which the premises are located; or (ii) $7,000,000.00; together wi th interest thereon and any and all disbursements made by the Beneficiary for the payment of taxes, or insurance on the f,IJort- gaged Property covered by the lien of this Deed of Trust and for reasonable attorneys' fees, loan commissions, service charges, liquidated damages, expenses and court costs incurred in the collection of any or all of such sums of money. Such further or future advances shall be considered obligatory advances and the same shall bear interest at the same rate as specified in the Loan Agreement unless such interest rate shall be modified by subse- quent agreement. The Indebtedness shall not be deemed extin- guished by virtue of the fact that the Note or the Loan Agreement may at any time may not evidence a debt actually outstanding; Whereas, simultaneously with this Deed of Trust, Mortga- gor and Beneficiary are executing several other Revolving Loan Leasehold Deeds of Trust, Assignment of Rents and Security Agree- ments, Revolving Loan Deeds of Trust, Assignment of Rents and Security Agreements, and Re~olving Loan Mortgages, Assignment of Rents and Security Agreement of even date herewith to secure the Loan (the "Mortgages") and lVJortgagor hereby acknowledges and understands that as a substantial consideration and an inducement for the granting of the Loan, Beneficiary requires that this Deed of Trust provide that a default under any of the Mortgages consti- tute an Event of Default (as herein defined) under this Deed of Trust and without such "cross-default" provision Beneficiary would not grant the Loan; and Whereas, the terms of the Loan Agreement are incorporat- ed by reference herein as though set forth in full detail. In the event of any conflict between the terms and provisions of this Deed of Trust and the Loan Agreement, the terms and provisions of the Loan Agreement shall govern and control. CON V E Y A NeE: Mortgagor, to secure the payment of the Indebtedness to Beneficiary and the performance of the covenants and agreements herein contained and in consideration of the further sum of Ten Dollars ($10.00) unto Mortgagor in hand well and truly paid by Beneficiary at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, and intending to be -2- L L L 1 J :J ,;:~ -n :t~ ..~ t~ r-- ~ r' ,..-