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<br />200808234
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<br />GRANTING CLAUSE VII
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<br />Rents. Issues and Profits. All estate, right, title and interest of Trustor in, to, under or
<br />derived from all rents, royalties, issues, profits, receipts, revenue, income, earnings and other
<br />benefits now or hereafter accruing with respect to all or any portion of the Premises, including all
<br />rents and other sums now or hereafter payable pursuant to the Leases; and all other claims, rights and
<br />remedies now or hereafter belonging or accruing with respect to the Premises, including oil, gas and
<br />mineral royalties (herein collectively called the "Rents"), all of which Trustor hereby irrevocably
<br />directs be paid to Beneficiary, subject to the license granted to Trustor pursuant to Section 5.07, to
<br />be held, applied and disbursed as provided in this Deed of Trust.
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<br />GRANTING CLAUSE VIII
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<br />Permits All estate, right, title and interest of Trustor in, to, under or derived from all
<br />licenses, certificates, variances, consents and other permits now or hereafter pertaining to the
<br />Premises and all estate, right, title and interest of Trustor in, to, under or derived from all tradenames
<br />or business names relating to the Premises (herein collectively called the "Permits"), excluding,
<br />however, from the grant under this Granting Clause (but not the definition of the term "Permits" for
<br />the other purposes hereof) any Permits which cannot be transferred or encumbered by Trustor
<br />without causing a default thereunder or a termination thereof.
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<br />GRANTING CLAUSE IX
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<br />Proceeds and Awards. All estate, right, title and interest of Trustor in. to. under or
<br />derived from all proceeds o(any sale, transfer, taking by condemnation (or any proceeding or
<br />purchase in lieu thereof), whether voluntary or involuntary, of any of the Mortgaged Property
<br />described above, including all insurance proceeds and awards and title insurance proceeds, now or
<br />hereafterrelating to any of the Mortgaged Property, all of which Trustor hereby irrevocably directs
<br />be paid to Beneficiary to the extent provided hereunder, to be held, applied and disbursed as
<br />provided in this Deed of Trust.
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<br />TO HAVE AND TO HOLD the Mortgaged Property unto Trustee, its successors and
<br />assigns, for the benefit of Beneficiary, its successors and assigns. under and subject to the terms and
<br />conditions of this Deed of Trust. and for the security and enforcement of the prompt and complete
<br />payment and performance when due of all ofthe Obligations and the performance and observance by
<br />Trustor of all covenants, obligations and conditions to be performed or observed by Trustor pursuant
<br />to the Credit Agreement. the Note. and the other Loan Documents.
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<br />PROVIDED. HOWEVER, that this Deed of Trust is upon the condition that, if
<br />Trustor shall pay in full all of the Obligations and perform and observe all such covenants.
<br />obligations and conditions, this Deed of Trust shall cease, terminate pursuant to and in accordance
<br />with Section 6.02 and. thereafter, be of no further force effect (exceot as provided in Sections 4.01.
<br />4.02 and 5.06 hereof); otherwise this Deed of Trust shall remain and be in full force and effect.
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<br />FURTHER PROVIDED. that Trustee and Beneficiary may from time to time release
<br />or reconvey all or a portion of the Mortgaged Property, in accordance with the terms and conditions
<br />ofthe Credit Agreement and applicable law.
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