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20100D14'7 any future occurrence of same. Any Sale or Transfer made in contravention of this paragraph shall be null and void and of no force and effect. (b) Definitions. The following terms shall have the definitions set forth below or otherwise as set forth in this paragraph 9, as so indicated: "Beneficial Ownership Interest" shall mean the interest in Borrower which evidences or has the right to the economic or financial benefits or burdens of Borrower's business, which such interests may include, without limitation, those of a corporate shareholder, limited liability company member, trust beneficiary, general partner, limited partner or joint venturer, or any controlling interest of any entity directly or indirectly controlling such general partner, managing partner, joint venturer or member, by operation of law or otherwise. "Grantee" shall mean the Person to whom a Sale is made by the Borrower. "Grantor" shall mean the then current Borrower who is making a Sale to a Grantee. "Non-Consolidation O inion" shall mean that certain substantive non- consolidation opinion letter delivered by Cavazos, Hendricks, Poirot & Smitham, P.C. in connection with this Security Instrument. "Replacement Indemn~" shall have the meaning ascribed to such term in paragraph 9(d)(4) hereof. "Re lacement Guarant " shall have the meaning ascribed to such term in paragraph 9(d)(4) hereof. "Sale" shall mean the sale, conveyance, alienation, mortgage, encumbrance, pledge or other transfer of the Mortgaged Property or any part thereof or any interest therein, or the permitting of the Mortgaged Property or any part thereof or any interest ,therein to be sold, conveyed, alienated, mortgaged, encumbered, pledged or otherwise transferred. A Sale shall be deemed to include, without limitation: (i) an installment sales agreement wherein Borrower agrees to sell the Mortgaged Property or any part thereof or any interest therein for a price to be paid in installments (provided, however, that a "Sale" shall not include the execution and delivery of a contract for sale of any portion of the Mortgaged Property which is not an installment sales agreement until the execution and delivery of a deed or other conveyance instrument contemplated thereby); (ii) an agreement by Borrower leasing all or a substantial part of the Mortgaged Property for other than actual occupancy by a space lessee thereunder; (iii) a sale, assignment or other transfer of, or the grant of a security interest in, Borrower's right, title and' interest in and to the Lease or any Rents, except as evidenced by this Security Instrument, the Assignment or the other Loan Documents; and (iv) any divestiture of Borrower's fee title to the Mortgaged Property or any part thereof or any interest therein in any manner or way, whether voluntary or -17-