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<br />200704125
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<br />of, any of the Collateral (including, without limitation, promissory notes, drafts, bills of
<br />exchange and trade acceptances) and chattel paper obtained by Grantor in connection with the
<br />Trust Property (including, without limitation, all ledger sheets, computer records and printouts,
<br />databases, programs, books of account and files of Grantor relating thereto) and (ii) notes or
<br />other obligations of indebtedness owing to Grantor from whatever source arising, in each case
<br />now owned or hereafter acquired by Grantor (collectively, "Instruments");
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<br />N. all "inventory" as defined in the Uniform Commercial Code, whether now or
<br />hereafter existing or acquired, and which arises out of or is used in connection with, directly or
<br />indirectly, the ownership and operation of the Trust Property, all Documents representing the
<br />same and all Proceeds and products of the same (including, without limitation, all goods,
<br />merchandise, raw materials, work in process and other personal property, wherever located, now
<br />or hereafter owned or held by Grantor for manufacture, processing, the providing of services or
<br />sale, use or consumption in the operation of the Trust Property (including, without limitation,
<br />fuel, supplies and similar items and all substances commingled therewith or added thereto) and
<br />rights and claims of Grantor against anyone who may store or acquire the same for the account
<br />of Grantor, or from whom Grantor may purchase the same) (collectively, "Inventory"); and
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<br />O. all licenses, permits, variances and certificates used in connection with the
<br />ownership, operation, use or occupancy of the Trust Property (including, without limitation,
<br />business licenses, state health department licenses, food service licenses, liquor licenses, licenses
<br />to conduct business and all such other permits, licenses and rights, obtained from any
<br />Governmental Authority or private Person concerning ownership, operation, use or occupancy of
<br />the Trust Property) (collectively, "Permits").
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<br />TO HAVE AND TO HOLD the above granted and described Trust Property unto and to
<br />the use and benefit of Trustee, IN TRUST WITH POWER OF SALE, and Grantor does hereby
<br />bind itself, and its successors and assigns, to WARRANT AND DEFEND title to the Trust
<br />Property forever;
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<br />PROVIDED, HOWEVER, these presents are upon the express condition that, if Grantor
<br />shall pay to Beneficiary the Obligations at the time and in the manner provided in the Loan
<br />Agreement and this Deed of Trust and shall abide by and comply with each and every covenant
<br />and condition set forth herein and in the other Loan Documents in a timely manner, these
<br />presents and the estate hereby granted shall cease, terminate and be void;
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<br />AND Grantor represents and warrants to and covenants and agrees with Beneficiary as
<br />follows:
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<br />1. Pavment of Obligations and Incorporation of Covenants. Conditions and Agreements.
<br />Grantor will pay the Obligations at the time and in the manner provided in the Loan Documents
<br />and in this Deed of Trust. All the covenants, conditions and agreements of Beneficiary
<br />contained in the Loan Documents are hereby made a part of this Deed of Trust to the same extent
<br />and with the same force as if fully set forth herein including, without limitation, the provisions
<br />contained in the Loan Agreement regarding insurance, casualty, condemnation, leasing and
<br />maintenance of the Trust Property.
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