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<br />profits or any proceeds therefrom and all security deposits and any guaranty of a tenant's
<br />obligations thereunder (collectively the "Rents"); all awards as a result of condemnation,
<br />eminent domain or other decrease in value of the Premises and all insurance and other
<br />proceeds of the Premises.
<br />1.3 "Obligations" means all obligations of Trustor to Beneficiary, including but not
<br />limited to (a) the payment of indebtedness evidenced by that certain Promissory Note dated as
<br />of July 13, 2009, in the initial principal amount of $17,000,000, and any extensions, renewals,
<br />restatements and modifications thereof and all principal, interest, fees and expenses relating
<br />thereto (the "Note"), (b) the performance and observance of all terms, covenants, conditions
<br />and provisions to be performed or observed by the Trustor pursuant to (i) that certain Loan
<br />Agreement dated as of July 13, 2009, among Trustor, Martin H. Herzog and Beneficiary, and
<br />any extensions, renewals, restatements and modifications thereof (the "Loan Agreement"), (ii)
<br />this Deed of Trust, (iii) any interest rate swap, cap, collar, forward, option or floor agreements
<br />or any other agreement entered into to protect against fluctuations in interest rates with
<br />Beneficiary or any of its affiliates, including, without limitation, any ISDA Master Agreement
<br />and all schedules and confirmations thereto, and any other documents or instruments executed
<br />in connection with the foregoing to evidence interest rate swaps, caps, collars, forwards,
<br />options or floors between Trustor and Bank (the "Swap Agreements"), and (iv) any and all
<br />other agreements executed by the Trustor as contemplated in the Loan Agreement or the Loan
<br />Documents, and (c) costs and expenses of collection and enforcement of this Deed of Trust,
<br />reasonable attorneys' fees of bath inside and outside counsel and environmental assessment or
<br />remediation costs. The interest rate and maturity of such Obligations are as described in the
<br />documents creating the indebtedness secured hereby. Capitalized terms not otherwise defined
<br />herein shall have the meanings given to such terms in the Loan Agreement.
<br />THIS DEED OF TRUST SECURES, WITHOUT LIMITATION, EXISTING DEBTS OR
<br />OBLIGATIONS CREATED SIMULTANEOUSLY WITH THE EXECUTION OF THIS
<br />DEED OF TRUST AND ANY FUTURE ADVANCES TO BE MADE AT THE OPTION
<br />OF THE PARTIES. The total principal amount, exclusive of interest, of the Obligations,
<br />including any future debts, advances, liabilities or obligations, not including, however, any
<br />sums advanced for the protection of the Property or the Trustor's interest therein, shall not
<br />exceed the sum of $34,000,000; PROVIDED, HOWEVER, THAT NOTHING CONTAINED
<br />HEREIN SHALL CONSTITUTE A COMMITMENT TO MAKE ADDITIONAL OR
<br />FUTURE LOANS OR ADVANCES IN ANY AMOUNT.
<br />1.4 Homestead. The Premises are not the homestead of the Trustor.
<br />ARTICLE II. WARRANTIES AND COVENANTS
<br />In addition to all other warranties and covenants of the Trustor under the Loan Documents
<br />which are expressly incorporated herein as part of this Deed of Trust, including the covenants
<br />to pay and perform all Obligations, and while any part of the credit granted the Trustor under
<br />the Loan Documents is available or any Obligations of the Trustor to the Beneficiary are
<br />unpaid or outstanding, the Trustor continuously warrants to the Beneficiary and the Trustee
<br />and agrees as follows:
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