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<br />200709152
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<br />all Grantor's debts, liabilities, obligations, covenants, warranties, and duties to Lender (plus its affiliates
<br />including any credit card debt, but specifically excluding any type of consumer credit), whether new or
<br />hereafter existing or incurred, whether liquidated or unliquidated, whether absolute or contingent, whether
<br />arising out of the Loan Documents or othelWise, and regardless of whether such Obligations arise out of
<br />existing or future credit granted by Lender to any Grantor, to any Grantor and others, to others
<br />guaranteed, endorsed or otherwise secured by any Trustee or to any debtor-in-possession/successor-in-
<br />interest of any Grantor, and principal, interest, fees, expenses and charges relating to any of the foregoing,
<br />including, without limitation, costs and expenses of collection and enforcement or this Deed of Trust,
<br />attorneys' fees of both inside and outside eounscl and environmental assessment or remediation costs.
<br />The interest rate and maturity of such Obligations are as described in the documents creating the
<br />indebtedness secured hereby.
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<br />THIS DEED OF TRUST SECURES, WITHOUT LIMITATION, EXISTING DEBTS OR
<br />OBLIGATIONS CREATED SIMULTANEOUSLY WITH THE EXECUTION OF THIS DEED OF
<br />TRUST AND ANY FUTURE ADVANCES TO BE MADE AT THE OPTION OF THE PARTIES.
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<br />"Permitted Encumbrances" means (a) any matters set forth in any policy of title insurance issued
<br />to Lender and insuring Lender's interest in the Property which are acceptable to Lender as of the date
<br />hereof, (b) the Liens and interests of this Deed of Trust, (c) any other Encumbrance that Lender shall
<br />expressly approve in its sole and absolute discretion, as evidenced by a "marked-up" commitment for title
<br />insurance initialed on behalf of Lender and (d) any lien pennitted pursuant to Section 5.4 of the Loan
<br />Agreement.
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<br />"Person" means an individual, a corporation, a partnership, a joint venture, a limited liability
<br />company, a trust, an unincorporated association, any Governmental Authority or any other entity.
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<br />"Personalty" means all personal property of any kind or nature whatsoever, whether tangible or
<br />intangible and whether now owned or hereafter acquired, in which Grantor now has or hereafter acquires
<br />an interest and which is used in the construction ot~ or is placed upon, or is derived from or used in
<br />connection with the maintenance, use, occupancy or enjoyment of, the Property, including (a) the
<br />Accessories; (b) the Accounts; (c) all franchise, license, management or other agreements with respect to
<br />the operation of the Real Property or the business conducted therein (provided all of such agreements
<br />shall be subordinate to this Deed of Trust, and Lender shall have no responsibility for the performance of
<br />Grantor's obligations thereunder) and all general intangibles (including payment intangibles, trademarks,
<br />trade names, goodwill, software and symbols) related to the Real Property or the operation thereof; (d) all
<br />sewer and water taps, appurtenant water stock or water rights, allocations and agreements for utilities,
<br />bonds, letters of credit, permits, certificates, licenses, guaranties, warranties, causes of action, judgments,
<br />Claims, profits, security deposits, utility deposits, and all rebates or refunds of fees, Taxes, assessments,
<br />charges or deposits paid to any Governmental Authority related to the Real Property or the operation
<br />thereof; (c) all insurance policies held by Grantor with respect to the Property or Grantor's operation
<br />thereof; (t) all money, instruments and documents (whether tangible or electronic) arising from or by
<br />virtue of any transactions rclated to the Property, and all deposits and deposit accounts of Grantor with
<br />Lender related to the Property, including any such deposit account from which Grantor may from time to
<br />time authorize Lender to debit and/or credit payments due with respect to the Loans; (g) all licenses,
<br />occupancy certificates, pennits (including, but not limited to, building permits), authorizations, or
<br />approvals of any type or nature whatsoever, now owned or existing or hereafter acquired or arising, which
<br />rclate to the construction of the Improvements and/or the use, occupancy, development, leasing, operation
<br />or servicing of the Real Property; (h) all plans and specifications, drawings, architectural renderings or
<br />drawings, or other concepts, shop drawings, blueprints, or plans of any nature relating to the
<br />Improvements or the construction of the Improvements; and (i) all studies, tests, investigations, and
<br />reports of any kind relating to the soils or conditions of the soils of the Real Estate and the suitability of
<br />the soils for the construction of the Improvements, all mechanical or structural studies, grading plans,
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<br />Error! l1nknown document property name.
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