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�0��05508 <br />EX�IIBIT "A" <br />DEFINED TERMS <br />"Beneficiarv" means Beneficiary, and its successors and assigns, including any subsequent holder of the <br />Obligations. <br />"Collateral" has the meaning set forth in Section 1.3. <br />"Credit Agreement" means that certa.in Credit Agreement, dated of even date with this Deed of Trust, <br />executed by Trustor and Beneficiary, as the same may have been or from time to time hereafter may be renewed, <br />e�ended, supplemented, increased, amended, modified or restated. <br />"Deed of Trust" means this Deed of Trust, Security Agreement, Fixture Filing and Assignment of Leases <br />and Rents, as the same may be renewed, extended, supplemented, increased, modified, amended or restated from <br />time to time. <br />"Default Ra,te" has the meaning attributed to it in the Credit Agreement. <br />"Loan Documents" means, collectively, this Deed of Trust, the Credit Agreement, each Note, the Letter of <br />Credit Applications, the Security Documents, the Fee Letter, and each other document, instrument, certificate and <br />agreement executed and delivered by the Credit Parties or any of their respective Subsidiaries in favor of or <br />provided to the Administrative Agent or any Secured Party in connection with this Agreement or otherwise referred <br />to herein or contemplated hereby (excluding any Secured Hedge Agreement and any Secured Cash Management <br />Agreement). <br />"Obligations" means the obligation of the Trustor to (a) make payment of the principal of, interest and <br />premiums on, and to perform all covenants, agreements, liabilities and obligarions of the Trustor, under the Notes, <br />the Deed of Trust, the Credit Agreement and all other obligarions of the Trustor under any other instrument given to <br />secure the Notes and any and all extensions and renewals thereof; (b) to perform any and all covenants, agreements, <br />liabilities and obligations of Trustor, to Beneficiary, its successors and assigns, provided for or arising under this <br />Agreement; and (c) to make payment of all costs and e�cpenses of collection, legal expenses and attomeys' fees <br />incurred by the Beneficiary, its successors and assigns, in the enforcement of the rights of the Beneficiary hereunder <br />or in any litigation or bankruptcy proceeding for the protection of Beneficiary's collateral and claim against Debtor. <br />"Permitted Encumbrances" means any of the following: <br />payable; <br />(i) liens, chazges or other encumbrances for taxes and assessments which are not yet due and <br />(ii) liens of or resulting from any judgment or award, the time for the appeal or petition for <br />rehearing of which shall not have e�ired, or in respect of which Trustor shall at any time in good faith be <br />prosecuting an appeal or proceeding for a review and in respect of which a stay of execution pending such <br />appeal or proceeding for review shall have been secured; <br />(iii) deposits, pledges or liens to secure statutory obligarions, surety or appeal bonds or other liens <br />of like general nature incur'red in the ordinary course of business and not in connection with the borrowing <br />of money, provided, in each case, that the obligation secured is not overdue or, if overdue, is being <br />contested in good faith by appropria�e actions or proceedings; <br />(iv) liens, charges or encumbrances in favor of Beneficiary; <br />(v) liens, charges, or other encumbrances disclosed to and approved by Beneficiary in writing in <br />connection with the Trustor's arrangements for the acquisition and development of the Premises, including <br />