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201107605
<br />ARTICLE I
<br />DEFINITIONS
<br />Section 1.1 Definitions. All capitalized terms used herein without definition shall
<br />have the respective meanings ascribed to them in the Credit Agreement. Section 1.02 of the Credit
<br />Agreement shall apply herein mutatis mutandis, and the rules of interpretation specified therein shall be
<br />applicable to this Deed of Trust. As used herein, the following terms shall have the following meanings:
<br />(a) "Charges ": shall mean any and all present and future real estate, property and
<br />other, taxes, assessments and special assessments, levies, fees, all water and sewer rents and charges and
<br />all other governmental charges imposed upon or assessed against, and all claims (including, without limi-
<br />tation, claims for landlords', carriers', mechanics', workmen's, repairmen's, laborer's, materialmen's,
<br />suppliers' and warehousemen's Liens and other claims arising by operation of law) judgments or de-
<br />mands against, all or any portion of the Mortgaged Property or other amounts of any nature which, if un-
<br />paid, might result in or permit the creation of, a Lien on the Mortgaged Property or which might result in
<br />foreclosure of all or any portion of the Mortgaged Property..
<br />(b) "Event of Default ": An Event of Default under and as defined in the Credit
<br />Agreement
<br />(c) "Flood Insurance Laws" means, collectively, (1) the National Flood Insurance
<br />Act of 1968 as now or hereafter in effect or any successor statute thereto, (ii) the Flood Disaster Protec-
<br />tion Act of 1973 as now or hereafter in ef'f'ect or any successor statue thereto, (iii) the National Flood In-
<br />surance Reform Act of 1994 as now or hereafter in effect or any successor statute thereto and (iv) the
<br />Flood Insurance Reform Act of 2004 as now of hereafter in effect or any successor statute thereto.
<br />(d) "Guaranty ": That certain Guaranty by and from Grantor and the other guaran-
<br />tors referred to therein for the benefit of the Secured Parties dated as of May 4, 2011, as the same may
<br />hereafter be amended, amended and restated, supplemented or otherwise modified from time to time.
<br />(e) "Mortgaged Property ": All estate, right, title and interest (now owned or hereaf-
<br />ter acquired) of Grantor and anyone claiming by, through or under Grantor in and to (1) the real property
<br />described in Exhibit A attached hereto and incorporated herein by this reference, together with any greater
<br />estate therein as hereafter may be acquired by Grantor (the "Land "), (2) all improvements now owned or
<br />hereafter acquired by Grantor, now or at any time situated, placed or constructed upon the Land (the "Im-
<br />provements"; the Land and Improvements are collectively referred to as the "Premises "), (3) all materi-
<br />als, supplies, equipment, apparatus and other items of personal property now owned or hereafter acquired
<br />by Grantor and now or hereafter attached to, installed in or used in connection with any of the Improve-
<br />ments or the Land, and water, gas, electrical, telephone, storm and sanitary sewer facilities and all other-
<br />utilities whether or, not situated in easements, and all equipment, inventory and other goods in which
<br />Grantor now has or hereafter acquires any rights or any power to transfer rights and that are or are to be-
<br />come fixtures (as defined in the UCC, defined below) related to the Land (the "Fixtures "), (4) all goods,
<br />accounts, inventory, general intangibles, instruments, documents, contract rights and chattel paper, in-
<br />cluding all such items as defined in the UCC, now owned or hereafter' acquired by Grantor and now or
<br />hereafter affixed to, placed upon, used in connection with, arising from or otherwise related to the Prem-
<br />ises (the "Personalty "), (5) all reserves, escrows or impounds required under the Credit Agreement or any
<br />of the other Loan Documents and all deposit accounts maintained by Grantor, with respect to the Mort-
<br />gaged Property (the "Deposit Accounts "), (6) all leases, licenses, concessions, occupancy agreements or
<br />other agreements (written or, oral, now or at any time in effect) which grant to any Person a possessory
<br />interest in, or the right to use, all or any part of the Mortgaged Property, together with all related security
<br />and other deposits (the "Leases "), (7) all of the rents, revenues, royalties, income, proceeds, profits, ac-
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