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88- 10002". r Whereas, this Deed of Trust is being given by Mortgagor to secure (i) payment by Mortgagor of all principal, interest and other sums due or to become due in respect of the Loan, including but not limited to future advances; (ii) the payment of any further or subsequent advances made to preserve the lien of this Deed of Trust; and (iii) performance of all of the terms, cove- nants, conditions, agreements and liabilities contained in this Deed of Trust and the Loan Agreement. All of the foregoing payment and performance obligations in clauses (i), (ii) and (iii) of the preceding sentence are hereinafter called the "Indebtedness" ; 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 whether proceeds of the Loan have been disbursed by the Beneficiary herein or its successors or assigns, to and for the benefit of the 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 this 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 di sbursements made by the Beneficiary for the payment of taxes, or insurance on the Mort- 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 not evidence a debt actually outstanding; Whereas, simultaneously with this Deed of Trust, Mortga- gor and Beneficiary are executing several other Revolving Loan Deeds of Trust, Assignment of Rents and Security Agreements, Revolving Loan Leasehold Deeds of Trust, Assignment of Rents and Securi ty Agreement and Revolving Loan Mortgages, Assignment of Rents and Security Agreements of even date herewith to secure the Loan (the "Mortgages") and Mortgagor hereby acknowledges and understands that as a substantial consideration and inducement for the granting of the Loan, Beneficiary requires that this Deed of Trust provide that a default under any of the Mortgages constitute 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 -2- L L L , :~1 \ 1 ;:,! r- -.J 1 /j r f..-