HomeMy WebLinkAbout16s
0
such poucies covering any of the above property now or hereafter acquired by Grantor,
(13) all mineral, water, oil and gas rights now or hereafter acquired and relating to all
or any part of the Mortgaged Property, and (14) all of Grantor's right, title and interest
in and to any awards, remu neratictu, reimbursements, settlements or compensation
heretofore made or hereafter to be made by any governmental authority pertaining to
the Land, Improvements, Fixtures or Personalty. As used in this Deed of Taut, the
term "Mortgaged Property" shall mean all or, where the context permits or requires,
any portion of the above or any interest therein.
"41t11Pajjona": All of the agreements, covenants, conditions, warranties,
representatiors and other obligations (other than to repay the Indebtedness) made or
undertaken by Grantor or any other arson or entity to Beneficiary, Trustee or others as
set forth in the Loan Documents.
'eapjnaLncumbr_a__ : The Senior Deed of Trust the Senior
Assignment of Rents and Leases and all other outstanding Fens, easements,
reslrictioas, security interests and other exceptions to tide set forth in the policy of title
d insurance insuring the lien of this Deed of Trust together with the liens and security
C' interests in favor of Beneficiary created by the Loan Documents, none of which,
individually or in the aggregate, matenally interferes with the beneiiits of the security
intended to be provided by this Deed of Trust, materially and adversely affects the
0 value of the Mortgaged Pre; :Tty. umpairs the use or operations of the Mortgaged
Property or impairs Grantors ability to pay its obligations in a timely manner.
+f'+ Sppipr Dted o8- Trttat" means the Senior Deed of Trust, Security
Agreement and Fixture Filing of even date herewith, executed by Grantor,
encumbering the Mortgaged Property, and securing the Senior Note and the other
indebtedness therein described.
" Snior Note" means the Senior Promissory Note of even date, in the
stated principal amount of $38,000,000.00, executed by Grantor and being payable to
the order of Beneficiary as therein provided.
"]LC": The Uniform Commercial Code of Washington or, if the
creation, perfection and enforcement of any sccurity intucst herein granted is governed
by the laws of a state other than Washington, then, as to the matter in question, the
Uniform Commercial Code in effect in that state.