2oiooo~5i
<br />E. It is a condition precedent to the obligaiian of the Lenders to make the
<br />Loans to the Mortgagors and ICE under the Credit Agreements that Mortgagor shall execute and
<br />deliver this Deed of Trust to the Trustee for the benefit of the Lenders.
<br />Grantin Clauses
<br />For good and valuable consideration, the receipt and sufficiency of which are hereby
<br />acknowledged, Mortgagor agrees that, to secure the payment and performance of the Lender
<br />Obligations, as defined in Section l .l of each Credit Agreement:
<br />MORTGAGOR, IN CONSIDERATION OF THE INDEBTEDNESS AND THE TRUST
<br />CREATED BY THIS INSTRUMENT, HEREBY IRREVOCABLY GRANTS, BARGAINS,
<br />ASSIGNS, TRANSFERS AND CONVEYS UNTO TRUSTEE, IN TRUST, WITH POWER OF
<br />SALE AND RIGHT OF ENTRY AND POSSESSION AS FURTHER DESCRIBED HEREIN,
<br />FOR THE USE AND BENEFIT OF THE LENDERS, ALL OF THE MORTGAGOR'S
<br />ESTATE, RIGHT, TITLE AND INTEREST IN ANY AND ALL OF THE FOLLOWING
<br />DESCRIBED PROPERTY INCLUDING:
<br />(a) the Land as mare fully described on Schedule A attached hereto and made
<br />a part hereof;
<br />(b) all right, title and interest Mortgagor now has or may hereafter acquire in
<br />and to the Improvements (as hereinafter defined) or any part thereof (including the
<br />telecommunications tower and equipment related thereto), and all the estate, right, title, claim or
<br />demand whatsoever of Mortgagor, in possession or expectancy, in and to the Real Estate ar any
<br />part thereof;
<br />(c) all right, title and interest of Mortgagor in, to and under all easements,
<br />rights of way, licenses, operating agreements, abutting strips and gores ofland, streets, ways,
<br />alleys, passages, sewer rights, waters, water courses, water and flowage rights, development
<br />rights, air rights, mineral and sail rights, plants, standing and fallen timber, and all estates, rights,
<br />titles, interests, privileges, licenses, tenements, hereditaments and appurtenances belonging,
<br />relating or appertaining to the Rea] Estate, and any reversions, remainders, rents, issues, profits
<br />and revenue thereof and all land lying in the bed of any street, road or avenue, in front of or
<br />adjoining the Real Estate to the center line thereof;
<br />(d) all of the fixtures, chattels, business machines, machinery, apparatus,
<br />equipment, furnishings, fittings, appliances and articles of personal property of every kind and
<br />nature whatsoever (including, but not limited to, all equipment and personalty connected with the
<br />operation of each cellular tower and/or any other Improvements), and all appurtenances and
<br />additions thereto and substitutions or replacements thereof (together with, in each case,
<br />attachments, components, parts and accessories) currently owned or subsequently acquired by
<br />Mortgagor and now or subsequently attached to, or contained in or used or usable in any way in
<br />connection with any operation ar letting of the Real Estate, including but without limiting the
<br />generality of the foregoing, all screens, awnings, shades, blinds, curtains, draperies, artwork,
<br />carpets, rugs, storm doors and windows, furniture and furnishings, heating, electrical, and
<br />mechanical equipment, lighting, switchboards, plumbing, ventilating, air conditioning and air-
<br />LIBD/1907386.1 2
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