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<br />counts receivable, security and other types of deposits, and other benefits paid or payable by parties to the
<br />Leases for using, leasing, licensing possessing, operating from, residing in, selling or otherwise enjoying
<br />the Mortgaged Property (the "Rents "), (8) all other agreements, such as construction contracts, architects'
<br />agreements, engineers' contracts, utility contracts, maintenance agreements, management agreements,
<br />service contracts listing agreements, guaranties, warranties, permits, licenses, certificates and entitle-
<br />ments in any way relating to the construction, use, occupancy, operation, maintenance, enjoyment or
<br />ownership of the Mortgaged Property (the "Property Agreements "), (9) all rights, privileges, tenements,
<br />hereditaments, rights -of -way, easements, appendages and appurtenances appertaining to the foregoing,
<br />(10) all property tax refunds payable with respect to the Mortgaged Property (the "Tax Refunds"), (11)
<br />all accessions, replacements and substitutions for any of the foregoing and all proceeds thereof' (the "Pro-
<br />ceeds"), (12) all insurance policies, unearned premiums therefor and proceeds from such policies cover-
<br />ing any of the above property now or hereafter acquired by Grantor (the "Insurance "), and (13) all
<br />awards, damages, remunerations, reimbursements, settlements or compensation heretofore made or here-
<br />after to be made by any governmental authority pertaining to any condemnation or other taking (or any
<br />purchase in lieu thereof) of all or any portion of the Land, Improvements, Fixtures or Personalty (the
<br />"Condemnation Awards") As used in this Deed of Trust, the term "Mortgaged Property" shall mean all
<br />or, where the context permits or requires, any portion of the above or any interest therein.
<br />(f) "Permitted Liens ": Liens described in Section TO t of the Credit Agreement.
<br />(g) "Secured Obligations ": Shall have the meaning set forth in clause (b) contained
<br />in the definition of "Obligations" (as defined in the Credit Agreement).
<br />(h) "Security Agreement ": That certain Security Agreement by and from Borrower,
<br />Grantor and the other guarantors referred to therein in favor of Administrative Agent dated as of May 4,
<br />2011, as the same may hereafter be amended, amended and restated, supplemented or otherwise modified
<br />from time to time
<br />(1) "UCC ": The Uniform Commercial Code of the state or commonwealth in which
<br />the Mortgaged Property is located (the "State ") or, if the creation, perfection and enforcement of any se-
<br />curity interest herein granted is governed by the laws of a state other than the State, then, as to the shatter
<br />in question, the Uniform Comsrrercial Code in effect in that state.
<br />ARTICLE 2
<br />GRANT AND OBLIGATIONS
<br />Section 2.1 Grant. To secure the full and timely payment and performance of the
<br />Secured Obligations, Grantor GRANTS, BARGAINS, ASSIGNS, SELLS, CONVEYS and CONFIRMS,
<br />to Trustee f'or the benefit of Beneficiary (on behalf of the Secured Parties) and hereby grants to Benefici-
<br />ary a security interest in and lien on the Mortgaged Property, subject, however, only to the matters that
<br />are set forth on Exhibit B attached hereto (the "Permitted Encumbrances ") and to Permitted Liens, TO
<br />HAVE AND TO HOLD the Mortgaged Property, IN TRUST, WITH POWER OF SALE, and Grantor
<br />does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND the title to
<br />the Mortgaged Property unto Trustee.
<br />Section 2.2 Reserved.
<br />Section 2.3 Reserved.
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