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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 <br />