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<br />agreements, warranties, and undertakings of Debtor hereinafter described, Debtor hereby grants
<br />to Trustee a security interest in all of the Mortgaged Property which constitutes personal property
<br />or fixtures (herein sometimes collectively called the "Collateral "). In addition to its rights
<br />hereunder or otherwise, Secured Party shall have all of the rights of a secured party under the
<br />Uniform Commercial Code, or under the uniform commercial code in force in any other state to
<br />the extent the same is applicable law.
<br />Section 1.4 Notes, Loan Documents, Other Obligations. This Deed of Trust is made
<br />to secure and enforce the payment and performance of the following promissory notes,
<br />obligations, indebtedness and liabilities:
<br />(a) Notes. The maximum principal amount of $15,000,000.00 of the
<br />promissory notes executed by Debtor and all other notes given in substitution therefor or in
<br />modification, renewal or extension thereof, in whole or in part, with a final maturity date of
<br />July 30, 2011, as set forth in the Loan Agreement (such notes, as from time to time
<br />supplemented, amended, extended or modified and all other notes given in substitution therefor,
<br />or in modification, renewal or extension thereof, in whole or in part, being hereinafter called the
<br />"Notes ");
<br />(b) Loan Agreement All indebtedness and other obligations of Debtor owed
<br />now or hereafter incurred or arising pursuant to or under the Loan Agreement or use of the
<br />proceeds of the loan evidenced by the Notes;
<br />(c) Loan Documents All indebtedness and other obligations, including
<br />without limitation, the obligations, owed now or hereafter incurred or arising pursuant to or
<br />permitted by the provisions of the Notes, the Loan Agreement, this Deed of Trust, the Loan
<br />Documents (as defined in the Loan Agreement), or any other instrument now or hereafter
<br />evidencing, governing, guaranteeing or securing the secured indebtedness, as hereinafter defined,
<br />or any part thereof or otherwise executed in connection with the loan evidenced or governed by
<br />the Notes, the Loan Agreement or other Loan Documents (the Notes, the Loan Agreement, the
<br />Loan Documents, this Deed of Trust and such other documents, as they or any of them may have
<br />been or may be from time to time supplemented, amended or modified, being herein sometimes
<br />collectively called the "Loan Documents "); and
<br />(d) Other Obligations. Subject to the provisions of Section 6.25 hereof, (i) all
<br />other loans and future advances made by Secured Party to Debtor and all other debts, obligations
<br />and liabilities of Debtor of every kind and character now or hereafter existing in favor of Secured
<br />Party, whether direct or indirect, primary or secondary, joint or several, fixed or contingent,
<br />secured or unsecured, and whether originally payable to Secured Party or to a third party and
<br />subsequently acquired by Secured Party, if the written evidence of such loans, debts, obligations
<br />and liabilities specifically so provide, it being contemplated that Debtor may hereafter become
<br />indebted to Secured Party for such further debts, obligations and liabilities, and (ii) all future
<br />advances necessary to protect the security are secured by this Deed of Trust; provided, however,
<br />and notwithstanding the foregoing provisions of this paragraph (d), this Deed of Trust shall not
<br />secure any such other loan, advance, debt, obligation or liability with respect to which Secured
<br />Party is by applicable law prohibited from obtaining a lien on real estate.
<br />DEED OF TRUST— Page 4
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