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<br />estate of Trustor in any of the property referred to above in this Section 1Z is a leasehold estate, the lien and
<br />security interest created hereby sha11 encumber and extend to a11 other or additional title, estates, interests or rights
<br />which are now owned or may hereafter be acquired by Trustor in or to the property demised under the lease creating
<br />the leasehold estate; and (fl all assignments, modificarions, amendments, extensions and renewals of the Gmund
<br />Lease and all credits, deposits, options, privileges and rights of Trustor as tenant under the Ground Lease, including,
<br />but not limited to, rights of first refusal, if any, options to purchase, if any, and the right, if any, to renew or extend
<br />the Ground Lease for a succeeding term or terms, and also including all the right, title, claim or demand whatsoever
<br />of Trustor either in law or in equity, in possession or expectancy, of, in and to Trustor's right, as tenant under the
<br />Ground Lease, to elect under Section 365(h)(1) of the Bankruptcy Code, Title 11 U.S.C.A. §101 et. seq. (the
<br />"Bankru�tc�") to terminate or treat the Ground Lease as terminated in the event (i) of the bankruptcy,
<br />reorganization or insolvency of the Trustor, and (ii) the rejection of the Ground Lease by the Trustor, as debtor in
<br />possession, or by a trustee for the Trustor, pursuant to Section 365 of the Bankruptcy Code. All of the foregoing
<br />real and personal property and intangible rights covered by and subject to this Deed of Trust are herein collectively
<br />referred to as the "Mortga eg d Properlv".
<br />Section 1.3 Security Interest. Trustor hereby grants to Beneficiary a security interest in all of the
<br />Mortgaged Properiy which constitutes personal property subject to Article 9 of the Uniform Commercial Code or
<br />fixtures as defined therein (herein sometimes collecrively called the "Collateral"). In addition to its rights hereunder
<br />or otherwise, Beneficiary shall have all of the rights of a secured party under Article 9 of the Uniform Commercial
<br />Code in force in any state to the extent the same is applicable law.
<br />Section 1.4 Purpose. T'his Deed of Trust and the Obligations are executed and incurred for business
<br />or agricultural purposes and not for personal, household or family purposes.
<br />Section 1.5 Future Advances and Expenses. This Deed of Trust also secures the repayment of all
<br />advances that Beneficiary may extend to Trustor under the Loan Ageement and the other Credit Documents. In
<br />addition this Deed of Trust secures the repayment of all amounts expended by Beneficiary to perform Trustor's
<br />covenants under this Deed of Trust or maintain, preserve, or dispose of the Mortgaged Property, together with
<br />interest thereon from date of expenditure until repaid.
<br />Section 1.6 Advances. This Deed of Trust is subject to the terms of the Loan Agreement, which is a
<br />loan agreement between Trustor and Beneficiary. Trustor acknowledges that in the event the Loan will be used for
<br />the purchase of the Mortgaged Property, Lender may impose any reasonable restrictions or conditions in order to
<br />insure that this Deed of Trust remains senior in priority to all other liens and encumbrances, including, but not
<br />limited to mechanics' and materialmen's liens. The Loan represented by the Credit Documents matures on the dates
<br />indicated in the recitals above. The Note and Loan Agreement requires Trustor to make payments to Beneficiary on
<br />the terms provided therein.
<br />ARTICLE 2- REPRESENTATIONS, WARRANTIES AND COVENANTS
<br />Section 2.1 Trustor represents, warrants, and covenants as follows:
<br />(a) Payment and Performance. Trustor will malce due and punctual payment of the Obligations.
<br />Trustor will timely and properly perform and comply with a11 of the covenants, agreements, and conditions imposed
<br />upon it by this Deed of Trust and the other Credit Documents and will not permit a default to occur hereunder or
<br />thereunder. Time shall be of the essence in this Deed of Trust.
<br />(b) Title and Permitted Encumbrances. Trustor has, in Trustor's own right, and Trustor covenants
<br />to maintain, good, valid and merchantable title to the Mortgaged Property, free and cleaz of all liens, chazges,
<br />claims, security interests, and encumbrances except for Permitted Encumbrances. Trustor, and Trustor's successors
<br />and assigns, will wamant and forever defend title to the Mortgaged Property, subject as aforesaid, to Beneficiary
<br />against the claims and demands of all persons claiming or to claim the same or any part thereof. Trustor will
<br />punctually pay, perform, observe and keep all covenants, obligations and conditions in or pursuant to any Permitted
<br />Encumbrance and will not modify or permit modification of any Permitted Encumbrance without the prior written
<br />consent of Beneficiary. Inclusion of any matter as a Permitted Encumbrance does not constitute approval or waiver
<br />by Beneficiary of any e�cisting or future violarion or other breach thereof by Trustor, with respect to the Mortgaged
<br />Property or otherwise. No part of the Mortgaged Properiy constitutes all or any part of the homestead of Trustor. If
<br />DOCS/1045502.1
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