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<br />200800520
<br />2~H22
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<br />currency swap, swap option, currency option, or any similar transaction, including, without
<br />limitation, any ISDA Master Agreement (as hereinafter defined) entered into by and between
<br />Grantor and Citibank. For the purposes hereof, "ISDA Master Agreement" shall mean any
<br />Master Agreement published by the International SWAP Dealers Association, Ine, or commonly
<br />used by swap dealers, as the same may be amended by Citibank, together with any related
<br />schedule or confirmation thereto made by and between Grantor and Citibank; (vi) interest on all
<br />of the foregoing; and (vii) all costs of enforcement and collection of the Secured Obligations.
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<br />G, For purposes of this Deed of Trust, the term "Collateral" means and includes all
<br />right, title and interest of Grantor now has or may later acquire in and to all of the following:
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<br />(i) All of the land described on Exhibit A attached hereto (the "Land"),
<br />together with all and singular the tenements, rights, easements, hereditaments, rights of
<br />way, privileges, liberties, appendages and appurtenances now or hereafter belonging or in
<br />anywise appertaining to the Land (including, without limitation, all rights relating to storm
<br />and sanitary sewer, water, gas, electric, railway and telephone services); all development
<br />rights, air rights, water, water rights, water stock, gas, oil, minerals, coal and other
<br />substances of any kind or character underlying or relating to the Land; all estate, claim,
<br />demand, right, title or interest of Grantor in and to any street, road, highway, or alley
<br />(vacated or otherwise) adjoining the Land or any part thereof; all strips and gores
<br />belonging, adjacent or pertaining to the Land; and any after-acquired title to any of the
<br />foregoing (all of the foregoing are herein referred to collectively as the "Real Estate");
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<br />(ii) All buildings, structures, replacements, furnishings, fixtures, fittings and
<br />other improvements and property of every kind and character now or hereafter located or
<br />erected on the Real Estate and owned or purported to be owned by Grantor, together with
<br />all building or construction materials, equipment, appliances, machinery, fittings,
<br />apparatus, fixtures and other articles of any kind or nature whatsoever now or hereafter
<br />found on, affixed to or attached to the Real Estate and owned or purported to be owned
<br />by Grantor, including, without limitation, all trees, shrubs and landscaping materials, reels,
<br />and all heating, venting, electrical, lighting, power, plumbing, air conditioning, and
<br />ventilation equipment (all of the foregoing are herein referred to collectively as the
<br />"Improvements");
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<br />(Hi) All furniture, furnishings, equipment (including, without limitation,
<br />telephone and other communications equipment, office and record keeping equipment,
<br />window cleaning, building cleaning, signs, monitoring, garbage, air conditioning,
<br />computers, point of sale devices, drive-through equipment and other equipment) inventory
<br />and goods and all other tangible property of any kind or character now or hereafter owned
<br />or purported to be owned by Grantor and used or useful in connection with the Real
<br />Estate, regardless of whether located on the Real Estate or located elsewhere including,
<br />without limitation, all rights of Grantor under any lease to equipment, furniture,
<br />furnishings, fixtures and other items of personal property at any time during the term of
<br />such lease (all of the foregoing are herein referred to collectively as the "Goods");
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<br />NEWY 1\8176568.2
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