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201107605
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201107605
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Last modified
10/17/2011 3:05:04 PM
Creation date
10/13/2011 12:43:26 PM
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DEEDS
Inst Number
201107605
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201107605 <br />Section 2.4 Secured Obligations. This Deed of Trust secures, and the Mortgaged <br />Property is collateral security for, the payment and performance in full when due of the Secured Obliga- <br />tions . <br />Section 2.5 Future Advances. This Deed of Trust shall secure all of the Secured <br />Obligations, including, without limitation, future advances whenever, hereafter made with respect to or <br />under the Credit Agreement or the other Loan Documents and shall secure not only Secured Obligations <br />with respect to presently existing indebtedness under the Credit Agreement and the other Loan Docu- <br />ments, but also any and all other indebtedness which may hereafter be owing by the Grantor to the Se- <br />cured Parties under the Credit Agreement and the other Loan Documents, however incurred, whether in- <br />terest, discount or otherwise, and whether the same shall be deferred, accrued or capitalized, including <br />future advances and re- advances, pursuant to the Credit Agreement or the other Loan Documents, <br />whether such advances are obligatory or to be made at the option of the Secured Parties, or otherwise, and <br />any extensions, refinancings, modifications or renewals of all such Secured Obligations, whether or not <br />the Grantor executes any extension agreement or renewal instrument and, in each case, to the same extent <br />as if such future advances were made on the date of the execution of this Deed of Trust. <br />Section 2.6 _Maximum Amount of Indebtedness. The maximum aggregate amount <br />of all indebtedness that is or under any contingency may be secured at the date hereof or at any time here- <br />after by this Deed of Trust is $2,075,000,000.00 (the "Secured Amount "), plus, to the extent permitted by <br />applicable law, collection costs, sums advanced for the payment of taxes, assessments, maintenance and <br />repair charges, insurance premiums and any other costs incurred to protect the security encumbered <br />hereby or the lien hereof, expenses incurred by Trustee or Beneficiary by reason of any default by the <br />Grantor under the terms hereof', together with interest thereon, all of which amount shall be secured <br />hereby <br />ARTICLE 3 <br />WARRANTIES REPRESENTATIONS AND COVENANTS <br />Grantor warrants, represents and covenants to Beneficiary as follows: <br />Section 3.1 Title to Mor- tgaged Property and Lien of This Instrument. Grantor <br />has good valid and insurable fee simple title to the Premises and good title or valid rights and interests in <br />and to the balance of the Mortgaged Property and the landlord's interest under or in respect of the Master <br />Leases, in each case free and clear of any liens, claims or interests, except the Permitted Encumbrances <br />and the Permitted Liens. This Deed of Trust creates valid, enforceable first priority liens and security in- <br />terests against the Mortgaged Property. <br />Section :3.2 first Lien Status. Grantor shall preserve and protect the first lien and <br />security interest status of this Deed of Trust and the other Loan Documents. If any lien or security inter- <br />est other than a Permitted Encumbrance or a Permitted Lien is asserted against the Mortgaged Property, <br />Grantor shall promptly, and at its expense, pay the underlying claim in full or take such other action so as <br />to cause it to be released or contest the same in compliance with the requirements of the Credit Agree- <br />ment (including the requirement of providing a bond or other security satisfactory to Beneficiary). <br />Section 3.3 Payment and Performance. As, and to the extent, required by the <br />terms of the Credit Agreement and other Loan Documents, Grantor shall pay the Secured Obligations <br />when due under the Credit Agreement and the other Loan Documents and perform the Secured Obliga- <br />tions in full when they are required to be performed. <br />-4- <br />
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