|
<br />200709152
<br />
<br />right to reeeive the same, as a result of, or in eonneetion with, any Condemnation or threatened
<br />Condemnation.
<br />
<br />"Contraet of Sale" means any eontraet for the sale of all or any part of the Property or any interest
<br />therein, whether now in existence or hereafter executed.
<br />
<br />"Deed of Trust" means this Deed of Trust, Assignment of Rents and Leases, Security Agreement
<br />and Fixture Filing, as the same may from time to time be extended, amcnded, restated, supplemented or
<br />otherwisc modified.
<br />
<br />"Default" mcans an event or circumstance which, with the giving of Notice or lapse of time, or
<br />both, would constitute an Event of Default under the provisions of this Deed of Trust.
<br />
<br />"Design and Construction Documents" means, collectively, (a) all contracts for services to be
<br />rendered, work to be performed or materials to be supplied in the devclopment of the Land or the
<br />construction or repair of Improvements, including all agreements with architects, cnginecrs or contractors
<br />for such services, work or materials; (b) all plans, drawings and specifications for the development of the
<br />Land or the construction or repair oflmprovements; (c) all permits, licenses, variances and other rights or
<br />approvals issued by or obtained from any Governmental Authority or other Person in connection with the
<br />development of the Land or the construction or repair of Improvements; and (d) all amendments of or
<br />supplements to any of the foregoing.
<br />
<br />"Encumbrance" means any Lien, easement, right of way, roadway (public or private), condition,
<br />covenant or restriction (including any CC&Rs in connection with any condominium development or
<br />cooperative housing development), Lease or other matter of any nature that would affect title to the
<br />Property .
<br />
<br />"Event of Default" means an event or circumstance specified in Articlc VI and the continuance of
<br />such event or circumstance beyond the applicable grace and/or cure periods therefor, if any, set forth in
<br />Article VI.
<br />
<br />"Expenses" means all fees, charges, costs and expenses of any nature whatsoever incurred at any
<br />time and from time to time (whether before or after an Event of Default) by Lender or Trustee in making,
<br />funding, administering or modifying the Loans, in ncgotiating or entering into any "workout" of the
<br />Loans, or in exercising or enforcing any rights, powers and remedies provided in this Deed of Trust or
<br />any of the other Loan Documents, including attorneys' fees, court costs, receiver's fecs, management fees
<br />and costs incurred in the repair, maintenance and operation of, or taking possession of, or selling, the
<br />Property.
<br />
<br />"Governmcntal Authority" means any governmental or quasi-governmental cntity, including any
<br />court, department, commission, board, bureau, agency, administration, service, district or other
<br />instrumentality of any governmental entity.
<br />
<br />"Improvements" means all buildings, structures and othcr improvements now or hereaftcr
<br />existing, erected or placed on the Land, together with anyon-site improvemcnts and off-site
<br />improvements in any way used or to be used in connection with the use, enjoyment, occupancy or
<br />operation of the Land.
<br />
<br />"Insurance Proceeds" means the insurance claims under and the proceeds of any and all policies
<br />of insurance covering the Property or any part thereof, including all returned and uncarned premiums with
<br />respect to any insurance relating to such Property, in each case whether now or hereafter existing or
<br />arising.
<br />
<br />"Land" means the real property described in Exhibit A attachcd hereto and made a part hereof.
<br />
<br />Error! Unknown document property name.
<br />
<br />4
<br />
|