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<br />200800520
<br />20JlcDm2
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<br />(xi) All other property or rights of Grantor of any kind or character related to
<br />the Real Estate or the Improvements, all substitutions, replacements and additions thereto,
<br />whether now existing or hereafter acquired, and all proceeds (including, without
<br />limitation, insurance and condemnation proceeds) and products of any of the foregoing.
<br />All of the Real Estate and the Improvements, and any other property which is real estate
<br />under applicable law, are sometimes herein referred to collectively as the "Premises".
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<br />H. For purposes herein, "Person" means an individual, partnership, corporation
<br />(including a business trust), joint stock company, trust, unincorporated association, joint venture
<br />or other entity, or a government or any political subdivision or agency thereof.
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<br />I. For purposes herein, "Hazardous Substances" means lubricants, waste oils and any
<br />petroleum and petroleum products, byproducts or breakdown products, chemical solvents,
<br />alcohols, polychlorinated biphenyls ("PCBs"), radioactive materials, asbestos-containing materials,
<br />radon gas, toxic mold and any other chemicals, materials or substances which are or become
<br />designated, classified or regulated as being "toxic" or "hazardous," or words of similar import,
<br />under any Environmental Law.
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<br />J. For purposes herein, "Environmental Law" means any federal, state or local
<br />statute, law, ordinance, rule, regulation, code, principle of common or civil law, order, judgment,
<br />decree or judicial or agency interpretation, policy or guidance relating to (i) the control,
<br />management, disposal, storage or treatment of Hazardous Substances, (ii) any release of or
<br />contamination by Hazardous Substances or (iii) the protection of natural resources, health, safety
<br />or the environment.
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<br />GRANT
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<br />NOW THEREFORE, for and in consideration of Beneficiary's making any loan, advance or
<br />other financial accommodation to or for the benefit of Grantor, including sums advanced under
<br />the Loan Agreement, the Notes, this Deed of Trust or the other Loan Documents and in
<br />consideration of the various agreements contained herein, in the Loan Agreement, in the Notes,
<br />and in the other Loan Documents, and for other good and valuable consideration, the receipt and
<br />sufficiency of which are hereby acknowledged by Grantor, and in order to secure the full, timely
<br />and proper payment and performance of each and every one of the Secured Obligations.
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<br />GRANTOR HEREBY IRREVOCABLY AND UNCONDITIONALLY GRANTS, SELLS,
<br />W ARRANTS, CONVEYS, BARGAINS, TRANSFERS AND ASSIGNS THE PREMISES TO
<br />TRUSTEE IN TRUST FOR THE BENEFIT OF BENEFICIARY AND ITS SUCCESSORS
<br />AND ASSIGNS FOREVER, WITH POWER OF SALE AND RIGHT OF ENTRY AND
<br />POSSESSION, AND GRANTS TO BENEFICIARY AND ITS SUCCESSORS AND ASSIGNS
<br />FOREVER A CONTINUING SECURITY INTEREST IN AND TO ALL OF THE
<br />COLLATERAL.
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<br />TO HAVE AND TO HOLD the Premises unto Trustee, its successors in trust, forever, with
<br />power of sale, hereby expressly waiving and releasing any and all right, benefit, privilege,
<br />advantage or exemption under and by virtue of any and all statutes and laws of the state or other
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<br />NEWYI \8176568.2
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