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<br />EXHIBIT "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 Documents" means, collectively, this Deed of Trust, the Loan Ageement, the Note and such other
<br />documents evidencing, governing, guaranteeing, securing or otherwise executed in connection with the Obligations,
<br />the Loan Agreement or this Deed of Trust, as they or any of them may have been or from tnne to time hereafter may
<br />be renewed, extended, supplemented, increased, amended, modified or restated.
<br />"Deed of TrusY' means this Leasehold Deed of Trust, Security Agreement, Fixture Filing and Assignment
<br />of Leases and Rents, as the same may be renewed, extended, supplemented, increased, modified, amended or
<br />restated from time to time.
<br />"Default Rate" has the meaning attributed to it in the Note and Loan Agreement.
<br />"Loan A�reement" means that certain Loan Agreement, dated of even date with this Deed of Trust,
<br />executed by Trustor, as the same may have been or from rime to time hereafter may be renewed, extended,
<br />supplemented, increased, amended, modified or restated.
<br />"Obli a� tions" means the obligarion of the Trustor to (a) make payment of the principal of, interest and
<br />premiums on, and to perform all covenants, agreements, liabilities and obligations of the Trustor, under the Note, the
<br />Deed of Trust, the Loan Agreement and a11 other obligations of the Trustor under any other instrument given to
<br />secure the Note and any and all extensions and renewals thereof; (b) to perForm any and all covenants, ageements,
<br />liabilities and obligations of Trustor, to Beneficiary, its successors and assigns, provided for or arising under this
<br />Deed of Trust; and (c) to make payment of a11 costs and expenses of collection, legal expenses and attorneys' 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 Trustor.
<br />"Permitted Encumbrances" means any of the following:
<br />payable;
<br />(i) liens, charges or other encumbrances for taxes and assessments which aze 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 sha11 not have expired, 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 obligations, surety or appeal bonds or other liens
<br />of like general nature incurred in the ordinary course of business and not in connection with the bonowing
<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 appropriate 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 />without limitation payments and rights-of-way for utilities, roads, drainage, cable, communications and
<br />similar purposes;
<br />DOCS/1045503.1
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