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Note and performance of Trustor's obligations under the Loan Agreement and the other
<br /> City Documents (defined below).
<br /> D
<br /> NOW THEREFORE, for good and valuable consideration, the receipt and
<br /> sufficiency of which are hereby acknowledged, it is agreed as follows
<br /> 1 Grant in Trust In consideration of the foregoing and for the purpose of securing
<br /> payment and performance of the Secured Obligations defined and described in Section
<br /> 2, Trustor hereby irrevocably and unconditionally grants, conveys, transfers and assigns
<br /> to Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry
<br /> and possession, all estate, right, title and interest which Trustor now has or may later
<br /> acquire in and to the Land, and all of the following, whether presently owned or
<br /> hereafter acquired
<br /> a All buildings, structures, and improvements, now or hereafter located or
<br /> constructed on the Land (improvements"),
<br /> b All appurtenances, easements, rights of way, pipes, transmission lines or
<br /> wires and other rights used in connection with the Land or the Improvements or as a
<br /> means of access thereto, whether now or hereafter owned or constructed or placed
<br /> upon or in the Land or Improvements and all existing and future privileges, rights,
<br /> franchises and tenements of the Land, including all minerals, oils, gas and other
<br /> commercially valuable substances which may be in, under or produced from any part of
<br /> the Land, and all water rights, rights of way, gores or strips of land, and any land lying in
<br /> the streets, ways, and alleys, open or proposed, in front of or adjoining the Land and
<br /> Improvements (collectively, "Appurtenances"),
<br /> c All machinery, equipment, fixtures, goods and other personal property of
<br /> the Trustor, whether moveable or not, now owned or hereafter acquired by the Trustor
<br /> and now or hereafter located at or used in connection with the Land, the Improvements
<br /> or Appurtenances, and all improvements, restorations, replacements, repairs, additions
<br /> or substitutions thereto (collectively, "Equipment"),
<br /> d All existing and future leases, subleases, licenses, and other agreements
<br /> relating to the use or occupancy of all or any portion of the Land or Improvements
<br /> (collectively, "Leases"), all amendments, extensions, renewals or modifications thereof,
<br /> and all rent, royalties, or other payments which may now or hereafter accrue or
<br /> otherwise become payable thereunder to or for the benefit of Trustor, including but not
<br /> limited to security deposits (collectively, "Rents"),
<br /> e. All insurance proceeds and any other proceeds from the Land,
<br /> Improvements, Appurtenances, Equipment, Leases, and Rents, including without
<br /> limitation, all deposits made with or other security deposits given to utility companies, all
<br /> claims or demands relating to insurance awards which the Trustor now has or may
<br /> hereafter acquire, including all advance payments of insurance premiums made by
<br /> 2
<br /> OAK #4847-7399-4286 v5
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