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<br />200806031
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<br />appurtenant thereto, whether now owned or hereafter acquired by Grantor and the reversion and
<br />reversions, remainder and remainders, and all the estate, right, title, interest, property, possession, claim
<br />and demand whatsoever at law, as well as in equity, of Grantor of, in and to the same (hereinafter referred
<br />to as the "Land");
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<br />(b) All buildings, structures, parking areas,landscaping, fixtures, and other
<br />improvements of every nature now or hereafter situated, erected or placed on the Land (hereinafter
<br />referred to as the "Improvements");
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<br />(c) All present and future leases, tenancies, occupancies and licenses, whether written or
<br />oral ("Property Leases") of the Land, and the Improvements, or any combination or part thereof, and all
<br />income, rents, issues, royalties, profits, revenues, security deposits and other benefits of the Land, and the
<br />Improvements, from time to time accruing, all payments under Property Leases, and all payments on
<br />account of oil and gas and other mineral Property Leases, working interests, production payments,
<br />royalties, overriding royalties, rents, delay rents, operating interests, participating interests and other such
<br />entitlements, and all the estate, right, title, interest, property, possession, claim and demand whatsoever at
<br />law, as well as in equity, of Grantor of, in and to the same (hereinafter referred to as the "Revenues");
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<br />(d) To the extent assignable, all the right, title and interest of Grantor in and to all
<br />construction contracts, subcontracts, architectural agreements, labor, material and payment bonds,
<br />guaranties and warranties, and plans and specifications relating to the construction of Improvements on
<br />the Land, whether now or hereafter existing, including, without limitation (i) any architectural or
<br />engineering agreement entered into with respect to the design of said Improvements and other archi-
<br />tectural or engineering services, (ii) the plans and specifications for the construction of said
<br />Improvements prepared by the architect, and (iii) any contractor's agreement entered into with respect to
<br />construction of Improvements on the Land (hereinafter collectively referred to as the "Contracts"); and
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<br />(e) All insurance proceeds and all other proceeds (including all Proceeds as defined in
<br />the UCC), products, substitutions and accessions of the foregoing of every type.
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<br />TO HAVE AND TO HOLD, the Property and all parts, rights, members and appurtenances
<br />thereof, to the use, benefit and behoof of Trustee (and the successors and assigns of Trustee) for the
<br />benefit of Beneficiary and for the ratable benefit of the Credit Parties in fee simple forever with power of
<br />sale; and Grantor covenants that Grantor is lawfully seized and possessed of the Property and holds
<br />marketable fee simple absolute title to the Property, and in each instance has good right to convey the
<br />Property. Except for the Permitted Encumbrances, Grantor does warrant and will forever defend the title
<br />to the Mortgaged Property against the claims of all persons whomsoever.
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<br />This Deed of Trust is intended to constitute: (i) a fixture financing statement under the Uniform
<br />Commercial Code in effect from time to time in the State in which the Land is located (the "UCC"), and
<br />(ii) a notice of assignment of rents or profits under the law of such State. This Deed of Trust is also
<br />intended to operate and be construed as an absolute present assignment of the rents, issues and profits of
<br />the Property, Grantor hereby agreeing, as provided for under the law of the State where the Land is
<br />located, that Beneficiary is entitled to receive the rents, issues and profits of the Property whether an
<br />Event of Default exists and without entering upon or taking possession of the Property.
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<br />This Deed of Trust is given to secure the payment and performance of the Secured Obligations, to
<br />the extent provided for herein.
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<br />Grantor hereby further covenants and agrees with Beneficiary as follows:
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