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200500259 Section 6.25 Future Advances. This Deed of Trust secures (i)all present and future loan disbursements made by the Lenders under the Notes, the Loan Agreement and any other Loan Documents, including, but not limited to periodic advances and re- advances on a revolving basis which will be made from time to time, and all other sums from time to time owing to the Lenders by the Debtor under the Loan Documents; (ii) such future or additional advances (in addition to the principal amount under the Notes) as may be made by the Lenders or the Secured Party hereof, at their or its exclusive option, to Debtor or its successors or assigns for any purpose, until the final maturity date of the indebtedness secured hereby; and (iii) future advances necessary to protect the security. The total amount of indebtedness secured by this Deed of Trust may decrease or increase from time to time, but the total unpaid balance so secured at any one time shall not exceed the maximum principal amount of Fifteen Million and No /100 Dollars ($15,000,000.00), plus interest and any disbursements made for the payment of taxes, levies or insurance on the Mortgaged Property or other advances necessary to protect the security, with interest on those disbursements, plus any increase in the principal balance as the result of negative amortization or deferred interest. All such future advances shall be included within the terms "secured indebtedness" and "indebtedness secured hereby ", shall be secured to the same extent as if made on the date of the execution of this Deed of Trust, and shall take priority as to third persons without actual notice from the time this Deed of Trust is filed for record as provided by law. Without the prior written consent of Secured Party, which Secured Party may grant or withhold in its sole discretion, Debtor shall not file for record any notice limiting the maximum principal amount that may be secured by this Deed of Trust to a sum less than the maximum principal amount set forth in this paragraph. Section 6.26 Time of Essence. Time shall be of the essence in this Deed of Trust with respect to all of Debtor's obligations hereunder. Section 6.27 APPLICABLE LAW. THIS DEED OF TRUST, THE NOTES AND THE OTHER LOAN DOCUMENTS (EXCEPT TO THE EXTENT, AND ONLY TO THE EXTENT, SPECIFICALLY PROVIDED THEREIN) SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF NEW YORK FROM TIME TO TIME IN EFFECT (OTHER THAN THE RULES GOVERNING CONFLICTS OF LAWS) AND APPLICABLE UNITED STATES FEDERAL LAW, EXCEPT TO THE EXTENT OF PROCEDURAL AND SUBSTANTIVE MATTERS RELATING ONLY TO THE CREATION, PERFECTION, VALIDITY, FORECLOSURE AND ENFORCEMENT OF RIGHTS, LIENS, SECURITY INTERESTS AND REMEDIES AGAINST THE MORTGAGED PROPERTY, WHICH MATTERS SHALL BE GOVERNED BY THE LAWS OF THE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATED. Section 6.28 Entire Agreement. The Loan Documents constitute the entire understanding and agreement between Debtor and Secured Party with respect to the transactions arising in connection with the indebtedness secured hereby and supersede all prior written or oral understandings and agreements between Debtor and Secured Party with respect to the matters addressed in the Loan Documents. Debtor hereby acknowledges that, except as incorporated in writing in the Loan Documents, there are not, and were not, and no persons are or were authorized by Secured Party to make, any representations, understandings, stipulations, agreements or promises, oral or written, with respect to the matters addressed in such Loan Documents. DEED OF TRUST— Page 20