INSOLVENCY
OR REORGANIZATION OF THE BORROWER (OR WOULD ACCRUE BUT FOR THE OPERATION OF
APPLICABLE BANKRUPTCY OR INSOLVENCY LAWS), WHETHER OR NOT SUCH INTEREST IS
ALLOWED OR ALLOWABLE AS A CLAIM IN ANY SUCH PROCEEDING.
(F)
"SECURED OBLIGATIONS":
THE PAYMENT OF ALL OBLIGATIONS OF TRUSTOR NOW OR
HEREAFTER EXISTING UNDER THE LOAN DOCUMENTS AND THE HEDGING AGREEMENT (TOGETHER,
THE "FINANCE DOCUMENTS"), WHETHER DIRECT OR INDIRECT, ABSOLUTE OR CONTINGENT,
AND WHETHER FOR PRINCIPAL, REIMBURSEMENT OBLIGATIONS, INTEREST, FEES, PREMIUMS,
PENALTIES, INDEMNIFICATIONS, CONTRACT CAUSES OF ACTION, COSTS, EXPENSES OR
OTHERWISE.
(G)
"SECURED PARTIES":
THE HOLDERS FROM TIME TO TIME OF THE SECURED
OBLIGATIONS, THE TRUSTEE AND THE BENEFICIARY.
(H)
"SECURITY AGREEMENT": THE SECURITY AGREEMENT DATED AS OF MAY 8, 2007 AMONG
THE GUARANTORS PARTY THERETO AND THE BENEFICIARY.
(I)
"TRUST PROPERTY":
THE REAL PROPERTY DESCRIBED IN EXHIBIT A ATTACHED
HERETO AND INCORPORATED HEREIN BY THIS REFERENCE, TOGETHER WITH ANY GREATER
ESTATE IN SUCH REAL PROPERTY AS HEREAFTER MAY BE ACQUIRED BY TRUSTOR (THE
"LAND"), AND ALL OF TRUSTOR'S RIGHT, TITLE AND INTEREST IN AND TO (1) ALL
IMPROVEMENTS NOW OWNED OR HEREAFTER ACQUIRED BY TRUSTOR, NOW OR AT ANY TIME
SITUATED, PLACED OR CONSTRUCTED UPON THE LAND (THE "IMPROVEMENTS"; THE LAND AND
IMPROVEMENTS ARE COLLECTIVELY REFERRED TO AS THE "PREMISES"), (2) ALL MATERIALS,
SUPPLIES, EQUIPMENT, APPARATUS AND OTHER ITEMS OF PERSONAL PROPERTY NOW OWNED OR
HEREAFTER ACQUIRED BY TRUSTOR AND NOW OR HEREAFTER ATTACHED TO, INSTALLED IN OR
USED IN CONNECTION WITH ANY OF THE IMPROVEMENTS OR THE LAND, AND WATER, GAS,
ELECTRICAL, TELEPHONE, STORM AND SANITARY SEWER FACILITIES AND ALL OTHER
UTILITIES WHETHER OR NOT SITUATED IN EASEMENTS (THE "FIXTURES"), (3) ALL
ACCOUNTS, INSTRUMENTS, INVENTORY AND EQUIPMENT (AS EACH SUCH TERM IS DEFINED IN
THE UCC) NOW OWNED OR HEREAFTER ACQUIRED BY TRUSTOR AND NOW OR HEREAFTER AFFIXED
TO, PLACED UPON, USED IN CONNECTION WITH, ARISING FROM OR OTHERWISE RELATED TO
THE PREMISES (THE "PERSONALTY"), (4) ALL DEPOSIT ACCOUNTS (AS DEFINED IN THE
UCC) IN WHICH A SECURITY INTEREST HAS BEEN GRANTED PURSUANT TO THE SECURITY
AGREEMENT (THE "DEPOSIT ACCOUNTS"), (5) ALL LEASES, LICENSES, CONCESSIONS,
OCCUPANCY AGREEMENTS OR OTHER AGREEMENTS (WRITTEN OR ORAL, NOW OR AT ANY TIME IN
EFFECT) TO WHICH TRUSTOR IS A PARTY WHICH GRANT TO ANY PERSON A POSSESSORY
INTEREST IN, OR THE RIGHT TO USE, ALL OR ANY PART OF THE TRUST PROPERTY,
TOGETHER WITH ALL RELATED SECURITY AND OTHER DEPOSITS (THE "LEASES"), (6) ALL OF
THE RENTS, REVENUES, ROYALTIES, INCOME, PROCEEDS, PROFITS, SECURITY AND OTHER
TYPES OF DEPOSITS, AND OTHER BENEFITS PAID OR PAYABLE BY PARTIES TO THE LEASES
FOR USING, LEASING, LICENSING POSSESSING, OPERATING FROM, RESIDING IN, SELLING
OR OTHERWISE ENJOYING THE PREMISES (THE "RENTS"), (7) ALL OTHER AGREEMENTS, SUCH
AS CONSTRUCTION CONTRACTS, ARCHITECTS' AGREEMENTS, ENGINEERS' CONTRACTS, UTILITY
CONTRACTS, MAINTENANCE AGREEMENTS, MANAGEMENT AGREEMENTS, SERVICE CONTRACTS,
LISTING AGREEMENTS, GUARANTIES, WARRANTIES, PERMITS, LICENSES, CERTIFICATES AND
ENTITLEMENTS IN ANY WAY RELATING TO THE CONSTRUCTION, USE, OCCUPANCY, OPERATION,
MAINTENANCE, ENJOYMENT OR OWNERSHIP OF THE PREMISES (THE "PROPERTY AGREEMENTS"),
EXCLUDING ANY AGREEMENT TO THE EXTENT THAT (BUT ONLY AS