OF THE LAND, IMPROVEMENTS, FIXTURES OR PERSONALTY (THE "CONDEMNATION
AWARDS").
AS USED IN THIS DEED OF TRUST, THE TERM "MORTGAGED PROPERTY" SHALL
MEAN ALL OR, WHERE THE CONTEXT PERMITS OR REQUIRES, ANY PORTION OF THE ABOVE OR
ANY INTEREST THEREIN.
(E)
"OBLIGATIONS":
ALL OF THE AGREEMENTS, COVENANTS, CONDITIONS,
WARRANTIES, REPRESENTATIONS AND OTHER OBLIGATIONS OF GRANTOR [DELETE IF
INSTRUMENT SECURES GUARANTEED OBLIGATIONS:
(INCLUDING, WITHOUT LIMITATION, THE
OBLIGATION TO REPAY THE INDEBTEDNESS)] UNDER THE CREDIT AGREEMENT AND THE OTHER
LOAN DOCUMENTS TO WHICH IT IS A PARTY.
2
(F)
"PERMITTED LIENS":
LIENS DESCRIBED IN SECTION 7.01 OF THE CREDIT
AGREEMENT OTHER THAN CLAUSES (K) AND (N) THEREOF.
(G)
"SECURITY AGREEMENT":
THAT CERTAIN AMENDED AND RESTATED SECURITY
AGREEMENT BY AND FROM GRANTOR AND THE OTHER GRANTORS REFERRED TO THEREIN TO
AGENT AND THE OTHER SECURED PARTIES DATED MARCH 29, 2007, AS THE SAME MAY
HEREAFTER BE AMENDED, AMENDED AND RESTATED, SUPPLEMENTED OR OTHERWISE MODIFIED
FROM TIME TO TIME.
(H)
"UCC":
THE UNIFORM COMMERCIAL CODE OF [STATE] OR, IF THE CREATION,
PERFECTION AND ENFORCEMENT OF ANY SECURITY INTEREST HEREIN GRANTED IS GOVERNED
BY THE LAWS OF A STATE OTHER THAN [STATE], THEN, AS TO THE MATTER IN QUESTION,
THE UNIFORM COMMERCIAL CODE IN EFFECT IN THAT STATE.
ARTICLE 2
GRANT[INSERT ONLY IF THE DEED OF TRUST IS CAPPED:
; REVOLVING LOAN]
Section 2.1
Grant.
To secure the full and
timely payment of the Indebtedness and the full and timely performance of the
Obligations, Grantor GRANTS, BARGAINS, ASSIGNS, SELLS, CONVEYS and CONFIRMS, to
Trustee the Mortgaged Property, subject, however, only to the matters that are
set forth on Exhibit B attached hereto (the "Permitted Encumbrances") and to
Permitted Liens, TO HAVE AND TO HOLD the Mortgaged Property, IN TRUST, [WITH
POWER OF SALE] [TO BE INSERTED IN THE STATES WHERE APPLICABLE], and Grantor does
hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND the
title to the Mortgaged Property unto Trustee, subject to the Permitted
Encumbrances and the Permitted Liens.
Section 2.2
Treatment of Borrowings and
Repayments.
[insert only if the deed of trust is capped:
Pursuant to the
Credit Agreement, the amount of the Indebtedness may increase and decrease from
time to time as the Secured Parties advance, Grantor [replace the preceding
"Grantor" with "Borrower" if the deed of trust is to secure guaranteed
obligations] repays, and the Secured Parties re-advance sums pursuant to the
Credit Agreement.
For purposes of this Deed of Trust, so long as the balance of
the Indebtedness equals or exceeds the Secured Amount, the amount of the
Indebtedness secured by this Deed of Trust shall at all times equal only the
Secured Amount.
Such Secured Amount represents only a portion of the first sums
advanced by the Secured Parties in respect of the Indebtedness.
Section 2.3
Reduction of Secured Amount.
[insert only if the deed of trust is capped:
The Secured Amount shall be
reduced only by the last and final sums that Grantor [replace the preceding
"Grantor" with "Borrower" if the deed of trust