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88102043
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88102043
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Last modified
3/9/2007 5:41:14 PM
Creation date
3/9/2007 4:33:34 AM
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DEEDS
Inst Number
88102043
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<br />I <br /> <br />personalty), together wi th any addi tiona 1 in8S.,mt <br />owned or hereafter acquired by Trustor, is referred <br />the "Mortgaged Property". <br /> <br />102043 <br />thereon .now <br />to below as <br /> <br />TO HAVE AND TO HOLD the Mortgaged Property, together wi th <br />all the rights, heredi taments and appurtenances now, or here- <br />after, at any time before the foreclosure hereof, in any wise <br />appertaining or belonging thereto, unto the said Trustee and to <br />his successors and assigns forever, and the Trustor hereby <br />binds himself, his successors and assigns, to warrant and <br />forever defend, all and singular, the said premises unto the <br />said Trustee and the Trustee' s successors and assigns, against <br />the lawful claim or claims of all persons whomsoever. <br /> <br />In addition to the lien above created, Trustor hereby <br />grants to Beneficiary and its successors and assigns a security <br />interest in (i) each and every part of the Mortgaged Property <br />which are fixtures or personal property, (ii) in all proceeds <br />from the sale, Tease or other disposition thereof, including, <br />without limitation, all Awards (as defined in Section 6.4 <br />hereof) and Casualty Proceeds (as defined in Section 6.5 <br />hereof),. and (iii) all sums, proceeds, funds and reserves <br />collected by Beneficiary pursuant hereto; provided that this <br />grant of a security interest in proceeds shall not be deemed to <br />authorize any action otherwise prohibited herein. Trustor <br />represents and warrants that all such fixtures and personal <br />property are and will be used as raw materials or as equipment <br />in Trustor' s business or as goods leased or held for lease by <br />Trustor but no part thereof constitutes inventory for sale. <br /> <br />This conveyance is made subject only to the Permitted <br />Encumbrances (as defined in the Loan Agreement). <br /> <br />ARTICLE I <br /> <br />DESCRIPTION OF SECURED INDEBTEDNESS <br /> <br />1.1 It is understood and agreed that this Deed of Trust is <br />made in trust to secure payment of (a) that certain promissory <br />note dated April 15, 1988, executed by Trustor, in the <br />principal sum of Eighty Million and No/IOO Dollars <br />($80,000,000.00) payable to the order of Beneficiary, said note <br />providing for a rate of interest as provided in said note, on <br />all principal and interest including all past-due principal and <br />interest after the maturity thereof and for late charges, and <br />having a final maturity date of April 15, 1993, and any and all <br />renewals or extensions of said note, or any part thereof (the <br />abQve-referenced note and all modifications, renewals, <br />extensions and rearrangments thereof and any and all notes <br /> <br />- 3 - <br /> <br /> <br />L <br /> <br />--.J <br /> <br /> <br />L <br />
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