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<br />200709152
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<br />"Laws" means all federal, state and local laws, statutes, rules, ordinances, regulations, codes,
<br />licenses, authorizations, decisions, injunctions, interpretations, orders or decrees of any court or other
<br />Governmental Authority having jurisdiction as may be in effect from time to time.
<br />
<br />"Leases" means all leases, license agreements and other occupancy or use agreements (whether
<br />oral or written), now or hereafter existing, which cover or relate to the Property or any part thereof, and
<br />specifically including, without limitation, the Roadbuilders Lease, together with all options therefor,
<br />amendments thereto and renewals, modifications and guaranties thereof, including any cash or security
<br />deposited under the Leases to secure performance by the tenants of their obligations under the Leases,
<br />whether such cash or security is to be hcld until the expiration of the terms of the Leases or applied to one
<br />or more of the installments of rent coming due thereunder.
<br />
<br />"Lender" means Lender and its successors and assigns.
<br />
<br />"Lien" means any mortgage, deed of trust, pledge, security interest, assignment, judgment, lien or
<br />charge of any kind, including any conditional sale or other title retention agreement, any lease in the
<br />nature thereof~ and the filing of, or agreement to give, any financing statement under the Uniform
<br />Commercial Code of any jurisdiction.
<br />
<br />"Loan" means that loan from Lender to Grantor in the principal amount of Four Million Seven
<br />Hundred Thousand and 00/100 Dollars ($4,700,000.00), which is evidenced by that certain Promissory
<br />Note in such amount executed and delivered by Grantor in favor of Lender (the "Note"), and which is
<br />further governed by the Loan Agreement.
<br />
<br />"Loan Agreement" means the Term Loan Agreement dated of even date herewith, between
<br />Grantor and Lender which sets forth, among other things, the tenns and conditions upon which the
<br />proceeds of the Loans will be disbursed, as the same may from time to time be extended, amended,
<br />restated, supplemented or otherwise modified.
<br />
<br />"Loan Documents" means this Deed of Trust, the Loan Agreement, the Security Agreement, the
<br />Note, and any and all other documents which Grantor or any other party or parties have executed and
<br />delivered, or may hereafter execute and deliver, to evidence, secure or guarantee the Obligations, or any
<br />part thereof, as the same may from time to time be extended, amended, restated, supplemented or
<br />otherwise modified.
<br />
<br />"Note" means the Promissory Note dated of even date herewith payable by Grantor to Lender in
<br />the principal amount of the Loan, as the same may be extended, amended, restated, supplemented or
<br />otherwise modified.
<br />
<br />"Notice" means a notice, request, consent, demand or other communication given in accordance
<br />with the provisions of Section 9.8 of this Deed of Trust.
<br />
<br />"Obligations" means all present and future debts, obligations and liabilities of Grantor to Lender
<br />and/or Trustee and any extensions, renewals, restatements, replacements and modifications thereof,
<br />arising pursuant to, and/or on account of, without limitation, the provisions of this Deed of Trust, the
<br />Note, the Loan Agreement or any of the other Loan Documents, including the obligations: (a) to pay all
<br />principal, interest, late charges, prepayment premiums (if any) and other amounts due at any time under
<br />the Note; (b) to pay all Expenses, indemnification payments, fees and other amounts due at any time
<br />under this Deed of Trust or any of the other Loan Documents, together with interest thereon as herein or
<br />therein provided; (c) to perform, observe and comply with all of the other terms, covenants and
<br />conditions, expressed or implied, which Grantor is required to perform, observe or comply with pursuant
<br />to this Deed of Trust or any of the other Loan Documents; (d) to pay and perform all future advances and
<br />other obligations that Grantor or any successor in ownership of all or part of the Property may agree to
<br />pay and/or perform (whether as principal, surety or guarantor) for the benefit of Lender, when a writing
<br />evidences the parties' agreement that the advance or obligation be secured by this Deed of Trust; and (c)
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<br />Error! Unknown document property name.
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