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f►�Ijf DTiZ11 %3 <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. <br />-3- <br />