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200804831 foregoing collateral by any governmental authority; (iii) all claims of the Borrower for losses or damages arising out of or related to or for any breach of any agreement, covenant, representation or warranty or any default under any of the foregoing collateral (without limiting any direct or independent rights of the Bank with respect to the foregoing collateral); and (iv) any and all other amounts from time to time paid or payable under or in connection with any of the foregoing collateral. 1.9 Property: The Real Property, the Chattels and the Intangible Personalty are sometimes collectively called the "Property." It is specifically understood that the enumeration of any specific articles of the Property, including Chattels and Intangible Personalty shall in no wise exclude or be held to exclude any items of property not specifically mentioned. All of the Real Property, Chattels and Intangible Personalty, whether affixed or annexed or not, and all rights hereby conveyed and mortgaged are intended to be as a unit and are hereby understood and agreed and declared to be appropriated to the use of the real estate, and shall for the purposes of this Deed of Trust be deemed to be real estate and conveyed and mortgaged hereby. Any capitalized terms not otherwise defined in Sections 1.6 through 1.9 of this Deed of Trust and not defined in the Reimbursement Agreement, shall bear the meaning given to them in Article 9 of the Code, defined below. 1.10 Secured Obligations: The Property is granted and shall be held for the purpose of securing (the "Secured Obligations"): (a) The payment of principal and interest due on the Note, together with any and all other amounts Borrower is obligated to pay pursuant to the Note and the Reimbursement Agreement; (b) The performance and observance of all terms, covenants, conditions, and provisions to be performed or observed by the Borrower pursuant to the terms of (i) this Deed of Trust, (ii) UCC-l financing statements required to perfect the Bank's security interest in the personal property as granted by this Deed of Trust (the "Financing Statement"), (iii) the Reimbursement Agreement, and (iv) any and all pledge or other security agreements, loan agreements, disbursement agreements, supplemental agreements, assignments (both present and collateral), side letters, as the same may be amended, modified or supplemented from time to time, being referred to hereinafter as "Ancillary Agreements" (the Note, this Deed of Trust, Financing Statement, Ancillary Agreements, Reimbursement Agreement, and any and all other documents or instruments executed in connection with the foregoing to evidence or secure the Note shall be hereinafter collectively called the "Loan Documents," but for purposes ofthis Deed of Trust, the Environmental Indemnity Agreement executed by Borrower in favor of Bank (the "Environmental Indemnitv") is not included in the term "Loan Documents" and are not secured by this Deed of Trust ); and, (c) The payment of all sums expended or advanced by Bank pursuant to the terms hereof or the other Loan Documents. (d) The Loan Documents shall also include, if applicable, all costs, expenses, charges, fees, liquidated damages, penalties, liabilities and obligations directly or indirectly I03209-60617-957802v5 4 us Bank / Riverbend Apartments Phase I Deed of Trust