Common use of Obligations Secured Clause in Contracts

Obligations Secured. Trustor makes this grant and assignment for the ------------------- purpose of securing the following obligations (the "Obligations"): (a) Full and punctual payment to Beneficiary of all sums at any time owing under the Notes; and (b) Full and punctual payment and performance of all covenants and obligations of Trustor under this Deed of Trust including, without limitation, indemnification obligations, and advances made to protect the Secured Property; and (c) Full and punctual payment, performance and observance by Trustor of each other term, covenant, agreement, requirement, condition and other provision to be performed or observed by Trustor under the Loan Agreement or under any other Loan Document; and (d) Full and punctual payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when such future advance or obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (e) All interest and charges on all Obligations secured hereby, including, without limitation, prepayment charges, late charges and loan fees; and (f) All modifications, extensions and renewals of any of the Obligations, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions or renewals at a different rate of interest, whether or not any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000).

Obligations Secured. Trustor makes this grant This Agreement and assignment all of the Collateral secure ------------------- the payment and performance of Grantor's (a) obligations under the Guarantee, including, but not limited to, the payment of all amounts owed to Trustee for the ------------------- purpose benefit of securing the following Holders of the Senior Secured Notes and (b) obligations owing, if any, to the Permitted Additional Senior Lenders, of every kind and description (whether or not evidenced by any note or instrument and whether or not for the payment of money), direct or indirect, absolute or contingent, due or to become due, now existing or hereafter arising, pursuant to the terms of the Guarantee, or any other instrument evidencing Permitted Indebtedness (other than Permitted Indebtedness described in clause (4) of the definition of Permitted Indebtedness), including, but not limited to, the payment of all amounts owed to the Collateral Agent of every kind and description (whether or not evidenced by any note or instrument and whether or not for the payment of money), direct or indirect, absolute or contingent, due or to become due, now existing or hereafter arising, pursuant to the terms of the Indenture, the Financing Documents or this Agreement, including all interest, fees, charges, expenses, attorney's fees and accountant's fees (all such obligations being herein called the "Obligations"): (a) Full and punctual payment to Beneficiary of all sums at any time owing under the Notes; and (b) Full and punctual payment and performance of all covenants and obligations of Trustor under this Deed of Trust including, without limitation, indemnification obligations, and advances made to protect the Secured Property; and (c) Full and punctual payment, performance and observance by Trustor of each other term, covenant, agreement, requirement, condition and other provision to be performed or observed by Trustor under the Loan Agreement or under any other Loan Document; and (d) Full and punctual payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when such future advance or obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (e) All interest and charges on all Obligations secured hereby, including, without limitation, prepayment charges, late charges and loan fees; and (f) All modifications, extensions and renewals of any of the Obligations, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions or renewals at a different rate of interest, whether or not any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000).. -----------

Obligations Secured. Trustor makes The security interest, lien and other interests granted to Secured Party pursuant to this grant Agreement shall secure the prompt performance, observance and assignment for the ------------------- purpose indefeasible payment in full of securing the following obligations (the "Obligations"): (a) Full any and punctual payment to Beneficiary of all sums at any time owing under the Notes; and (b) Full and punctual payment and performance of all covenants loans, indebtedness, liabilities and obligations of Trustor any kind owing by Debtor to Secured Party (including the payment of amounts that would become due but for the operation of the automatic stay under this Deed Section 362(a) of Trust the Bankruptcy Code, 11 U.S.C.(S) 362(a)), and all extensions or renewals thereof, whether for principal, interest (including without limitation interest that, but for the filing of a petition in bankruptcy with respect to Debtor, would accrue on such obligations), however evidenced, whether as principal, guarantor or otherwise, whether arising under the Note or otherwise, whether direct or indirect, absolute or contingent, joint or several, secured or unsecured, due or not due, primary or secondary, liquidated or unliquidated, original, renewed or extended, whether arising directly or acquired from others and including, without limitation, indemnification obligations, and advances made to protect the Secured Property; and (c) Full and punctual payment, performance and observance by Trustor of each other term, covenant, agreement, requirement, condition and other provision to be performed or observed by Trustor under the Loan Agreement or under any other Loan Document; and (d) Full and punctual payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when such future advance or obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (e) All interest and charges on all Obligations secured hereby, including, without limitation, prepayment Party's charges, late charges commissions, interest, expenses, costs and loan fees; and (f) All modificationsattorneys' fees chargeable to Debtor under this Agreement, extensions and renewals of the Note or in connection with any of the Obligations, however evidenced, including, without limitation: foregoing (i) modifications including the payment of amounts that would become due but for the operation of the required principal payment dates or interest payment dates or bothautomatic stay under Section 362(a) of the Bankruptcy Code, as the case may be11 U.S.C.(S) 362(a)), deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, and all extensions or renewals at a different rate of interestthereof, whether or not any for principal, interest (including without limitation interest that, but for the filing of a petition in bankruptcy with respect to Debtor, would accrue on such amendmentobligations), modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures all hereinafter referred to as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000"OBLIGATIONS").

Obligations Secured. Trustor makes this the foregoing conveyance, grant and assignment and those set forth in Articles 3 and 4 hereof and elsewhere herein for the ------------------- purpose of securing the following obligations (the "“Secured Obligations"”): (a) a. Full and punctual payment to Beneficiary of all sums at any time owing under the Notes; andNote; (b) Full and punctual payment b. Payment and performance of all covenants and obligations of Trustor under this Deed of Trust including, without limitation, indemnification obligations, obligations and advances made to protect the Secured Property; and; (c) Full c. Payment and punctual payment, performance of all additional covenants and observance by Trustor obligations of each other term, covenant, agreement, requirement, condition and other provision to be performed or observed by Trustor under the Loan Agreement or under any other Loan Document; andDocuments; (d) Full and punctual payment d. Payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when such future advance or the obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and; e. Payment and performance under any swap, derivative, foreign exchange or hedge transaction or arrangement or similar transaction or arrangement howsoever described or defined at any time entered into between Trustor and Beneficiary in connection with the Note (e) “Swap Agreement”); f. All interest and charges on all Obligations obligations secured hereby, hereby including, without limitation, prepayment charges, late charges and loan fees; and; (f) g. All modifications, extensions and renewals of any of the Obligationsobligations secured hereby, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; or and (ii) amendments, modifications, extensions or renewals at a different rate of interest, interest whether or not any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount h. Payment and performance of any other obligations which are defined as “Secured Obligations” in the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000)Note.

Obligations Secured. Trustor makes this grant This Agreement and assignment all of the Collateral ------------------- secure the payment and performance of Grantor's (a) obligations under the Guarantee, including, but not limited to, the payment of all amounts owed to Trustee for the ------------------- purpose benefit of securing the following Holders of the Senior Secured Notes and (b) obligations owing, if any, to the Permitted Additional Senior Lenders, of every kind and description (whether or not evidenced by any note or instrument and whether or not for the payment of money), direct or indirect, absolute or contingent, due or to become due, now existing or hereafter arising, pursuant to the terms of the Guarantee, or any other instrument evidencing Permitted Indebtedness (other than Permitted Indebtedness described in clause (4) of the definition of Permitted Indebtedness), including, but not limited to, the payment of all amounts owed to the Collateral Agent of every kind and description (whether or not evidenced by any note or instrument and whether or not for the payment of money), direct or indirect, absolute or contingent, due or to become due, now existing or hereafter arising, pursuant to the terms of the Indenture, the Financing Documents or this Agreement, including all interest, fees, charges, expenses, attorney's fees and accountant's fees (all such obligations being herein called the "Obligations"): (a) Full and punctual payment to Beneficiary of all sums at any time owing under the Notes; and (b) Full and punctual payment and performance of all covenants and obligations of Trustor under this Deed of Trust including, without limitation, indemnification obligations, and advances made to protect the Secured Property; and (c) Full and punctual payment, performance and observance by Trustor of each other term, covenant, agreement, requirement, condition and other provision to be performed or observed by Trustor under the Loan Agreement or under any other Loan Document; and (d) Full and punctual payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when such future advance or obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (e) All interest and charges on all Obligations secured hereby, including, without limitation, prepayment charges, late charges and loan fees; and (f) All modifications, extensions and renewals of any of the Obligations, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions or renewals at a different rate of interest, whether or not any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000).. -----------

Obligations Secured. Trustor Grantor makes this the foregoing grant and assignment and those set forth in Articles 3 and 4 hereof and elsewhere herein for the ------------------- purpose of securing the following obligations (the "“Secured Obligations"”): (a) a. Full and punctual payment to Beneficiary Lender of all sums at any time owing under the Notes; andNote; (b) Full and punctual payment b. Payment and performance of all covenants and obligations of Trustor Grantor under this Deed of Trust including, without limitation, indemnification obligations, obligations and advances made to protect the Secured Property; and; (c) Full c. Payment and punctual payment, performance of all additional covenants and observance by Trustor obligations of each other term, covenant, agreement, requirement, condition and other provision to be performed or observed by Trustor Grantor under the Loan Agreement or under any other Documents; DEED OF TRUST (VIRGINIA) ▇▇▇▇▇ Fargo/▇▇▇▇ Properties/Cracker Barrel Loan Document; and▇▇. ▇▇-▇▇▇▇▇▇▇▇/▇▇▇▇▇ ▇▇. ▇▇▇ (d) Full and punctual payment d. Payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of BeneficiaryLender, when such future advance or the obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and; e. Payment and performance under any swap, derivative, foreign exchange or hedge transaction or arrangement or similar transaction or arrangement howsoever described or defined at any time entered into between Grantor and Lender in connection with the Note (e) “Swap Agreement”); f. All interest and charges on all Obligations obligations secured hereby, hereby including, without limitation, prepayment charges, late charges and loan fees; and; (f) g. All modifications, extensions and renewals of any of the Obligationsobligations secured hereby, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; or and (ii) amendments, modifications, extensions or renewals at a different rate of interest, interest whether or not any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) h. Payment and performance of any other obligations which are defined as “Secured Obligations” in the Note. The principal amount rate of the interest on one or more Secured Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000)may vary from time to time.

Obligations Secured. Trustor makes this grant (a) The Indenture and assignment for the ------------------- purpose other Security Documents and the grants, assignments and transfers made thereunder to Lender are given to secure the following, in such order of securing the following obligations priority as Lender may determine in its sole discretion (the "Obligations"“Debt”): (ai) Full the payment of the principal indebtedness evidenced by the Note in lawful money of the United States of America; (ii) the payment of interest, default interest, late charges and punctual other sums, as provided in the Note, this Loan Agreement or the Security Documents; (iii) the payment to Beneficiary of Prepayment Consideration; (iv) the payment of all sums at any time owing under Protective Advances; (v) the Notespayment of all other monies agreed to or provided to be paid by Borrower in the Note, this Loan Agreement and the Security Documents; and (vi) the payment of all other sums advanced and costs and expenses Lender incurs in connection with the Loan or any part thereof, any renewal, extension, modification, consolidation, change, substitution, replacement, restatement or increase of the Loan or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at Borrower’s or Lender’s request. (b) Full The Indenture and punctual payment the other Security Documents and the grants, assignments and transfers made therein are also given to secure the following (the “Other Obligations”): (i) the performance of all covenants and other obligations of Trustor under Borrower contained herein; (ii) the performance of each obligation of Borrower contained in the Note in addition to the payment of the Debt and of Borrower contained in this Deed of Trust including, without limitation, indemnification obligations, Loan Agreement and advances made to protect the Secured PropertySecurity Documents; and (ciii) Full and punctual payment, the performance and observance by Trustor of each other termobligation of Borrower contained in any renewal, covenantextension, agreementmodification, requirementconsolidation, condition and other provision to be performed change, substitution, replacement for, restatement or observed by Trustor under increase of all or any part of the Note, this Loan Agreement or under any other Loan Document; and (d) Full and punctual payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when such future advance or obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (e) All interest and charges on all Obligations secured hereby, including, without limitation, prepayment charges, late charges and loan fees; and (f) All modifications, extensions and renewals of any of the Obligations, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions or renewals at a different rate of interest, whether or not any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000)Security Documents.

Obligations Secured. Trustor makes this grant (a) The Indenture and assignment for the ------------------- purpose Security Documents and the grants, assignments and transfers made thereunder to Lender are given to secure the following, in such order of securing the following obligations priority as Lender may determine in its sole discretion (the "ObligationsDEBT"): (ai) Full the payment of the principal indebtedness evidenced by the Note in lawful money of the United States of America; (ii) the payment of interest, default interest, late charges, prepayment premiums and punctual other sums, as provided in the Note, this Loan Agreement or the Security Documents; (iii) the payment to Beneficiary of Prepayment Consideration; (iv) the payment of all sums at any time owing under Protective Advances; (v) the Notespayment of all other monies agreed to or provided to be paid by Borrower in the Note, this Loan Agreement and the Security Documents; and (vi) the payment of all other sums advanced and costs and third-party expenses Lender incurs in connection with the Loan or any part thereof, any renewal, extension, modification, consolidation, change, substitution, replacement, restatement or increase of the Loan or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at Borrower's or Lender's request. (b) Full The Indenture and punctual payment the Security Documents and the grants, assignments and transfers made therein are also given to secure the following (the "OTHER OBLIGATIONS"): (i) the performance of all covenants and other obligations of Trustor under Borrower contained herein; (ii) the performance of each obligation of Borrower contained in the Note in addition to the payment of the Debt and of Borrower contained in this Deed of Trust including, without limitation, indemnification obligations, Loan Agreement and advances made to protect the Secured PropertySecurity Documents; and (ciii) Full and punctual payment, the performance and observance by Trustor of each other termobligation of Borrower contained in any renewal, covenantextension, agreementmodification, requirementconsolidation, condition and other provision to be performed change, substitution, replacement for, restatement or observed by Trustor under increase of all or any part of the Note, this Loan Agreement or under any other Loan Document; and (d) Full and punctual payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when such future advance or obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (e) All interest and charges on all Obligations secured hereby, including, without limitation, prepayment charges, late charges and loan fees; and (f) All modifications, extensions and renewals of any of the Obligations, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions or renewals at a different rate of interest, whether or not any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000)Security Documents.

Obligations Secured. Trustor Mortgagor makes this the foregoing grant and assignment for the ------------------- purpose of securing the following obligations (the "Secured Obligations"): (a) Full and punctual payment to Beneficiary Mortgagee of all sums at any time owing under the Notes; andNote; (b) Full and punctual payment Payment and performance of all covenants and obligations of Trustor Mortgagor under this Deed of Trust Mortgage, including, without limitation, indemnification obligations, obligations and advances made to protect the Secured Property; and; (c) Full Payment and punctual payment, performance of all additional covenants and observance by Trustor obligations of each other term, covenant, agreement, requirement, condition Borrower and other provision to be performed or observed by Trustor Mortgagor under the Loan Agreement or under any other Loan Document; andDocuments; (d) Full Payment and punctual payment performance of all covenants and obligations, if any, which any rider attached as an exhibit to this Mortgage recites are secured hereby; (e) Payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of BeneficiaryMortgagee, when such future advance or the obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; andMortgage; (ef) All interest and charges on all Obligations obligations secured hereby, hereby including, without limitation, prepayment charges, late charges and loan fees; and (fg) All modifications, extensions and renewals of any of the Obligationsobligations secured hereby, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; or and (ii) amendments, modifications, extensions or renewals at a different rate of interest, interest whether or not any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000).

Obligations Secured. Trustor makes this grant and end assignment for the ------------------- purpose of securing the following obligations (each, a "Secured Obligation" and collectively, the "Secured Obligations"): (a) Full and punctual payment to Beneficiary of all sums at any time owing and performance of all other obligations arising under or in connection with that certain promissory note ("Note") dated as of March 21, 2000, in the Notesmaximum principal amount of Twenty-Five Million Five Hundred Fifteen Thousand Dollars ($25,515,000.00), with interest as provided therein, executed by Infonet Services Corporation and payable to Beneficiary or its order, together with the payment and performance of any other indebtedness or obligations incurred in connection with the credit accommodation evidenced by the Note, whether or not specifically referenced therein; and (b) Full and punctual payment and performance of all covenants and obligations of Trustor under this Deed of Trust includingTrust, without limitationtogether with all advances, indemnification obligations, and advances payments or other expenditures made to protect by Beneficiary or Trustee as or for the Secured Propertypayment or performance of any such obligations of Trustor; and (c) Full payment and punctual paymentperformance of all obligations, performance if any, and observance by Trustor the contracts under which they arise, which any rider attached to and recorded with this Deed of each other term, covenant, agreement, requirement, condition and other provision to be performed or observed by Trustor under the Loan Agreement or under any other Loan DocumentTrust recites are secured hereby; and (d) Full and punctual payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Subject Property may agree agree. to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when any such future advance or other obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (e) All interest and charges on all Obligations secured hereby, including, without limitation, prepayment charges, late charges and loan fees; and (f) All modifications, extensions and renewals of any of the Obligations, however evidenced, including, Secured Obligations (including without limitation: , (i) modifications modifications, extensions or renewals at a different rate of interest, or (ii) deferrals or accelerations of the required principal payment dates or interest payment dates or both, as the case may bein whole or in part), deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions or renewals at a different rate of interesthowever evidenced, whether or not any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000).

Obligations Secured. Trustor Mortgagor makes this grant and assignment Mortgage for the ------------------- purpose of securing the following obligations (the "“Secured Obligations"”): (a) Full and punctual payment Payment to Beneficiary Mortgagee of all sums at any time owing under that certain Revolving Line of Credit Note of even date herewith in the Notes; principal amount of Sixty-Five Million and No/100 Dollars ($65,000,000) (the “Note”), executed by Mortgagor, as “Borrower,” and payable to the order of Mortgagee, as “Lender;” and (b) Full and punctual payment Payment to Mortgagee of all sums representing Bank Product Obligations, as defined in the Credit Agreement; and (c) Payment and performance of all covenants and obligations of Trustor Mortgagor under this Deed of Trust including, without limitation, indemnification obligations, and advances made to protect the Secured Property; and (c) Full and punctual payment, performance and observance by Trustor of each other term, covenant, agreement, requirement, condition and other provision to be performed or observed by Trustor under the Loan Agreement or under any other Loan DocumentMortgage; and (d) Full Payment and punctual payment performance of all covenants and obligations on the part of Mortgagor under the Credit Agreement and each other Loan Document executed in connection therewith; and (e) Payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Subject Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of BeneficiaryMortgagee, when such future advance or obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (e) All interest and charges on all Obligations secured hereby, including, without limitation, prepayment charges, late charges and loan feesMortgage; and (f) All amendments, restatements, modifications, extensions and renewals of any of the Obligationsobligations secured hereby, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; or (ii) amendments, restatements, modifications, extensions or renewals at a different rate of interest, interest whether or not any such in the case of a note, the amendment, restatement, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000).

Obligations Secured. Trustor makes this grant a. To secure the full and assignment for the ------------------- purpose of securing the following obligations (the "Obligations"): (a) Full and punctual payment to Beneficiary of all sums at any time owing under the Notes; and (b) Full and punctual prompt payment and performance of all covenants and the obligations of Trustor under this Deed Maker hereunder, including all renewals, extensions, restructurings or refinancings thereof (collectively, the “Obligations”), Maker hereby grants to Payee a continuing security interest in the following property of Trust Maker, whether now owned and existing hereafter acquired or arising, and regardless of where located (collectively referred to as the “Collateral”): (i) all fixtures and personal property of every kind and nature, including without limitation: all accounts; goods (including inventory and equipment); documents (including, without limitationif applicable, indemnification obligations, and advances made to protect the Secured Propertyelectronic documents); and (c) Full and punctual payment, performance and observance by Trustor of each other term, covenant, agreement, requirement, condition and other provision to be performed or observed by Trustor under the Loan Agreement or under any other Loan Documentinstruments; and (d) Full and punctual payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Property may agree to pay and/or perform promissory notes; chattel paper (whether as principal, surety tangible or guarantor) for electronic); letters of credit; letter-of-credit rights (whether or not the benefit letter of Beneficiary, when such future advance or obligation credit is evidenced by a writing which recites that it writing); securities and all other investment property; general intangibles (including all payment intangibles); money; deposit accounts; insurance; contracts; licenses; intellectual property rights, applications, and filings; copyrights, patents, and trademarks and all applications related thereto; trade secret rights; regulatory applications, filings or submissions; know-how; and any other contract rights or rights to the payment of money; (ii) all proceeds (as such term is secured by this Deed defined in Section 9-102 of Trust; the Uniform Commercial Code and (e) All interest and charges on all Obligations secured hereby, in any event, including, without limitation, prepayment chargesall dividends or other income therefrom, late charges collections thereon or distributions with respect thereto) and loan products of each of the foregoing, all books and records relating to the foregoing, all supporting obligations related thereto, and all accessions to, substitutions and replacements for, and rents, profits and products of, royalties, fees; and (f) All modifications, extensions income, payments, and renewals other proceeds now or hereafter due or payable with respect to any and all of the foregoing, and any and all proceeds of any insurance, indemnity, warranty or guaranty payable to Maker from time to time with respect to any of the foregoing; and (iii) any and all claims and causes of action with respect to any of the foregoing, whether occurring before, on, or after the date hereof, including all rights to and claims for damages, restitution, and injunctive and other legal and equitable relief for past, present, and future infringement, dilution, misappropriation, violation, misuse, breach, or default, with the right, but no obligation, to sue for such legal and equitable relief and to collect, or otherwise recover, any such damages. Notwithstanding any of the provisions set forth in this Section 4, however, this Note shall not constitute a grant of a security interest in any property to the extent that such grant of a security interest is prohibited by any requirement of Law or a Governmental Authority. b. Maker hereby authorizes Payee and its agents and attorneys-in-fact to prepare and file such financing statements or amendments thereof (including financing statements and amendments thereof describing the Collateral as “all assets” or “all personal property” or words to that effect) as Payee may from time to time deem necessary or appropriate in order to perfect and maintain the security interests granted hereunder in accordance with the Uniform Commercial Code of the State of Nevada or the Uniform Commercial Code, or equivalent Laws, of any applicable jurisdiction. Maker shall, at ▇▇▇▇▇’s request, at any time and from time to time, execute and deliver to Payee within ten (10) days of such request, such documents and other agreements and instruments (and pay the cost of filing or recording the same in all public offices deemed reasonably necessary or desirable by Payee) and do such other acts and things as Payee may deem necessary in order to establish and maintain a valid, attached and perfected security interest in the Collateral in favor of Payee (free and clear of all other Liens other than Permitted Liens) to secure payment and performance of the Obligations, however evidencedand in order to facilitate the collection of the Collateral. Maker hereby irrevocably makes, includingconstitutes and appoints Payee (and all persons designated by Payee for that purpose) as Maker’s lawful agent and attorney-in-fact to file such financing statements and other similar documents, agreements and instruments as may be necessary to preserve and perfect ▇▇▇▇▇’s security interest in the Collateral. Maker acknowledges and agrees that the Collateral is intended to encompass all assets and property of Maker (subject to the terms and conditions hereof) and if at any time Maker acquires or holds any interest in any assets or property a security interest in which cannot be perfected by the filing of a financing statement in the appropriate jurisdiction (or any assets or property a security interest in which can be so perfected, but that are not covered by the security interest grant set forth above), then Maker will, if reasonably requested by Payee, cause such assets or property to become part of the Collateral and take such reasonable steps as Payee may require in accordance herewith. c. Until an Event of Default has occurred and is continuing, Maker shall have the right, except as otherwise provided herein, to (i) sell or lease any of its inventory normally held by it for any such purpose, (ii) use and consume any raw materials, work in process or other materials normally held by it for such purpose and (iii) dispose of any assets to the extent not otherwise prohibited under the other provisions of this Note. If any inventory is in the possession or control of any warehouseman or the Maker’s agents or processors, them Maker shall, upon ▇▇▇▇▇’s request, notify such warehouseman, agent or processor of Payee’s security interest in such inventory and, upon ▇▇▇▇▇’s request, instruct them to hold all such inventory for ▇▇▇▇▇’s account and subject to ▇▇▇▇▇’s instructions. d. This Section 4 creates a continuing security interest in the Collateral and shall (i) remain in full force and effect until the payment or satisfaction in full of the Obligations, (ii) be binding upon Maker and its successors and assigns and (iii) inure to the benefit of Payee. Maker’s successors and assigns shall include, without limitation: (i) modifications , a receiver, trustee or debtor-in-possession thereof or therefor. e. Upon the payment in full in cash of the required principal payment dates or Obligations, the security interest payment dates or both, as granted pursuant to this Section 4 shall terminate and all rights to the case may be, deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions or renewals at a different rate of interest, whether or not Collateral shall revert to Maker. Upon any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount termination of the Obligations that this Deed security interests hereunder, Maker shall be entitled to the return, upon its request and at its expense, of Trust secures as such of the date Collateral held by or on behalf of Maker as shall not have been sold or otherwise applied pursuant to the terms hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000)and Payee will, at Maker’s expense, execute and deliver to Maker such other documents as they shall reasonably request to evidence such termination.

Obligations Secured. Trustor Grantor makes this grant and assignment Security Deed for the ------------------- purpose of securing the following obligations (the "“Secured Obligations"”): (a) Full and punctual payment Payment to Beneficiary Grantee of all sums at any time owing under that certain Promissory Note (“Note”) of even date herewith, in the Notesprincipal amount of Nine Million, Four Hundred Seventy-Eight Thousand, Eight Hundred Ninety-One Dollars ($9,478,891) executed by Grantor, as borrower (“Borrower”), and payable to the order of Grantee, as lender, with final payment due on November 9, 2008; and (b) Full and punctual payment Payment and performance of all covenants and obligations of Trustor Grantor under this Deed of Trust including, without limitation, indemnification obligations, and advances made to protect the Secured PropertySecurity Deed; and (c) Full Payment and punctual paymentperformance of all covenants and obligations on the part of Borrower under that certain Loan Agreement (Non-Revolving) (“Loan Agreement”) of even date herewith by and between Borrower and Grantee, performance as lender, the Hazardous Materials Indemnity Agreement, and observance by Trustor of each all other term, covenant, agreement, requirement, condition and other provision to be performed or observed by Trustor under “Loan Documents” as defined in the Loan Agreement or under any other Loan Document; and (d) Full Payment and punctual payment performance of all covenants and obligations, if any, of any rider attached as an Exhibit to this Security Deed; and (e) Payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Subject Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of BeneficiaryGrantee, when such future advance or obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (e) All interest and charges on all Obligations secured hereby, including, without limitation, prepayment charges, late charges and loan feesSecurity Deed; and (f) Payment and performance of all covenants and obligations of Grantor under any interest rate swap agreement, or other interest rate hedge agreement of any type executed by and between Grantor and Grantee, which agreement is evidenced by a writing that recites it is secured by this Security Deed; and (g) All modifications, extensions and renewals of any of the Obligationsobligations secured hereby, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions or renewals at a different rate of interest, interest whether or not any such amendmentin the case of a note, the modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000).

Obligations Secured. Trustor makes this grant The Collateral secures payment to the Pledgee of all loans, advances, debts, liabilities, obligations, covenants and assignment duties owing to the Pledgee from the Pledgor, of any kind or nature, present or future, under those certain Debentures of even date herewith payable to the Pledgee in the aggregate original principal amount of up to five hundred thousand dollars ($500,000.00) (the "Debentures"), and the obligations of Pledgor to Pledgee under that certain Securities Purchase Agreement (the "Purchase Agreement"), the Security Agreement and the Investor Registration Rights Agreement all of even date herewith (collectively, with the Purchase Agreement, the "Transaction Agreements"), all of the foregoing whether arising from any agreement, instrument or document, whether or not for the ------------------- purpose payment of securing money, whether arising by reason of an extension of credit, opening a letter of credit, loan or guarantee or in any other manner, whether direct or indirect (including those acquired by assignment or participation), absolute or contingent, joint or severally, due or to become due, now existing or hereafter arising, and any amendments, extensions, renewals or increases, and all costs and expenses of the following obligations Pledgee incurred in the documentation, negotiation, modification, enforcement, collection or otherwise in connection with any of the foregoing, including reasonable attorneys fees and expenses (collectively, the "Obligations"): (a) Full and punctual payment to Beneficiary of all sums at any time owing under the Notes; and (b) Full and punctual payment and performance of all covenants and obligations of Trustor under this Deed of Trust including, without limitation, indemnification obligations, and advances made to protect the Secured Property; and (c) Full and punctual payment, performance and observance by Trustor of each other term, covenant, agreement, requirement, condition and other provision to be performed or observed by Trustor under the Loan Agreement or under any other Loan Document; and (d) Full and punctual payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when such future advance or obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (e) All interest and charges on all Obligations secured hereby, including, without limitation, prepayment charges, late charges and loan fees; and (f) All modifications, extensions and renewals of any of the Obligations, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions or renewals at a different rate of interest, whether or not any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000).

Obligations Secured. Trustor makes this grant and assignment for the ------------------- purpose of securing the following obligations (each, a “Secured Obligation” and collectively, the "“Secured Obligations"”): (a) Full Payment of the sum of Sixty Million Dollars ($60,000,000.00) according to the terms of (i) that Third Replacement Revolving Promissory Note in the original principal amount of $50,000,000.00, and punctual payment (ii) that Term Note in the original principal amount of $10,000,000.00, each made by the other persons or entities listed on Schedule “B” attached hereto and by this reference made a part hereof (hereinafter such persons individually and collectively called “Borrower”), payable to the order of Beneficiary, evidencing lines of credit, all or parts of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof and/or of that Amended and Restated Credit and Security Agreement dated December 18, 2008, as amended from time to time and as amended and restated from time to time, by and between Borrower and Beneficiary of (hereinafter called the “Loan Agreement”), with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys’ fees, according to the terms thereof, and all sums extensions, modifications, renewals or replacements thereof (hereinafter collectively, the “Note”). The instruments detailed above bear interest at any time owing under a variable rate in accordance with the Notesterms and provisions thereof which are by this reference incorporated herein; and (b) Full and punctual payment and performance of all covenants and obligations of Trustor under this Deed of Trust includingTrust, without limitationtogether with all advances, indemnification obligations, and advances payments or other expenditures made to protect by Beneficiary or Trustee as or for the Secured Propertypayment or performance of any such obligations of Trustor; and (c) Full payment and punctual paymentperformance of all obligations, performance if any, and observance by Trustor the contracts under which they arise, which any rider attached to and recorded with this Deed of each other term, covenant, agreement, requirement, condition and other provision to be performed or observed by Trustor under the Loan Agreement or under any other Loan DocumentTrust recites are secured hereby; and (d) Full payment to Beneficiary of all liability, whether liquidated or unliquidated, defined, contingent, conditional or of any other nature whatsoever, and punctual performance of all other obligations, arising under any swap, derivative, foreign exchange or hedge transaction or arrangement (or other similar transaction or arrangement howsoever described or defined) at any time entered into with Beneficiary in connection with any Secured Obligation; and (e) payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Subject Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when any such future advance or other obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (e) All interest and charges on all Obligations secured hereby, including, without limitation, prepayment charges, late charges and loan fees; and (f) All all modifications, extensions and renewals of any of the Obligations, however evidenced, including, Secured Obligations (including without limitation: , (i) modifications modifications, extensions or renewals at a different rate of interest, or (ii) deferrals or accelerations of the required principal payment dates or interest payment dates or both, as the case may bein whole or in part), deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions or renewals at a different rate of interesthowever evidenced, whether or not any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000).

Obligations Secured. Trustor Grantor makes this grant and assignment for the ------------------- purpose of securing the following obligations (each, a "Secured Obligation" and collectively, the "Secured Obligations"): (a) Full and punctual payment to Beneficiary of all sums at any time owing and performance of all other obligations arising under or in connection with that certain promissory note ("Note") dated as of March 23, 1998, in the Notesmaximum principal amount of $630,000.00, with interest as provided therein, executed by E▇▇▇▇'S RESTAURANT, INC. and payable to Beneficiary or its order on or before March 15, 2008, together with the payment and performance of any other indebtedness or obligations incurred in connection with the credit accommodation evidenced by the Note, whether or not specifically referenced therein; and (b) Full and punctual payment and performance of all covenants and obligations of Trustor Grantor under this Deed of Trust includingTrust, without limitationtogether with all advances, indemnification obligations, and advances payments or other expenditures made to protect by Beneficiary or Trustee as or for the Secured Propertypayment or performance of any such obligations of Grantor; and (c) Full payment and punctual paymentperformance of all obligations, performance if any, and observance by Trustor the contracts under which they arise, which any rider attached to and recorded with this Deed of each other term, covenant, agreement, requirement, condition and other provision to be performed or observed by Trustor under the Loan Agreement or under any other Loan DocumentTrust recites are secured hereby; and (d) Full and punctual payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Subject Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when any such future advance or other obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (e) All interest and charges on all Obligations secured hereby, including, without limitation, prepayment charges, late charges and loan fees; and (f) All modifications, extensions and renewals of any of the Obligations, however evidenced, including, Secured Obligations (including without limitation: , (i) modifications all modifications, extensions or renewals at a different rate of interest, or (ii) deferrals or accelerations of the required principal payment dates or interest payment dates or both, as the case may bein whole or in part), deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions or renewals at a different rate of interesthowever evidenced, whether or not any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000).

Obligations Secured. Trustor makes this grant and assignment Deed of Trust for the ------------------- purpose of securing the following obligations (the "“Secured Obligations"”): (a) Full and punctual payment Payment to Beneficiary of all sums at any time owing under that certain Promissory Note (“Note”) of even date herewith, in the Notesprincipal amount of Twenty-Five Million, Two Hundred Thousand Dollars ($25,200,000) executed by Trustor, as borrower (“Borrower”), and payable to the order of Beneficiary, as lender; and (b) Full and punctual payment Payment and performance of all covenants and obligations of Trustor under this Deed of Trust including, without limitation, indemnification obligations, and advances made to protect the Secured PropertyTrust; and (c) Full Payment and punctual paymentperformance of all covenants and obligations on the part of Borrower under that certain Loan Agreement (Non-Revolving) (“Loan Agreement”) of even date herewith by and between Borrower and Beneficiary, performance as lender, the Hazardous Materials Indemnity Agreement, and observance by Trustor of each all other term, covenant, agreement, requirement, condition and other provision to be performed or observed by Trustor under “Loan Documents” as defined in the Loan Agreement or under any other Loan Document; and (d) Full Payment and punctual payment performance of all covenants and obligations, if any, of any rider attached as an Exhibit to this Deed of Trust; and (e) Payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Subject Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when such future advance or obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (ef) All Payment and performance of all covenants and obligations of Trustor under any interest rate swap agreement, or other interest rate hedge agreement of any type executed by and charges on all Obligations between Trustor and Beneficiary, which agreement is evidenced by a writing that recites it is secured hereby, including, without limitation, prepayment charges, late charges and loan feesby this Deed of Trust; and (fg) All modifications, extensions and renewals of any of the Obligationsobligations secured hereby, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions or renewals at a different rate of interest, interest whether or not any such amendmentin the case of a note, the modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000).

Obligations Secured. Trustor Mortgagor makes this grant and assignment for the ------------------- purpose of securing the following obligations (each, a “Secured Obligation” and collectively, the "“Secured Obligations"”): (a) Full and punctual payment to Beneficiary performance by Mortgagor of all sums at any time owing under of the Notes; andterms, provisions, conditions, covenants and agreements on Mortgagor’s part to be performed and observed as provided in the Guaranty; (b) Full and punctual payment of all of the Obligations, including, without limitation, the payment and performance of all covenants obligations and obligations liabilities of Trustor Mortgagor, as guarantor, and Borrower (whether now existing or hereafter arising) under this Deed the Loan Agreement and each of Trust the other Loan Documents (including, without limitation, indemnification obligations, and advances made to protect the Secured Property; andthis Mortgage); (c) Full payment and punctual paymentperformance of all obligations of Mortgagor under this Mortgage, performance and observance by Trustor of each other termthe Guaranty, covenant, agreement, requirement, condition and other provision to be performed or observed by Trustor under the Loan Agreement or under any other Loan Document; andDocument to which it is a party, together with all advances, payments or other expenditures made by Mortgagee as or for the payment or performance of any such obligations of Mortgagor; (d) Full and punctual payment and performance of all future advances and other obligations that made or incurred by Borrower pursuant to the then record owner of all Loan Agreement or part of the Secured Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when such future advance or obligation is evidenced by a writing which recites that it is secured by this Deed of Trustother Loan Documents; and (e) All interest and charges on all Obligations secured hereby, including, without limitation, prepayment charges, late charges and loan fees; and (f) All modifications, extensions and renewals of any of the Obligations, however evidenced, including, Secured Obligations (including without limitation: , (i) modifications modifications, extensions or renewals at a different rate of interest, or (ii) deferrals or accelerations of the required principal payment dates or interest payment dates or both, as the case may bein whole or in part), deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions or renewals at a different rate of interesthowever evidenced, whether or not any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000).

Obligations Secured. Trustor makes this grant The security interest in the Collateral is given as general and assignment continuing security for the ------------------- purpose payment, performance and satisfaction of securing any and all indebtedness and liability of the following obligations Debtor to the Secured Party (including interest thereon), under or arising in connection with the "Obligations"):following: (a) Full and punctual payment to Beneficiary of all sums at any time owing the Debtor’s obligations under the Notes; and, including without limitation, all principal, interest thereon, charges and other costs and expenses as therein set forth; (b) Full the Debtor’s obligations with respect to payment of any costs and punctual payment and performance of all covenants and obligations of Trustor under this Deed of Trust including, without limitation, indemnification obligations, and expenses incurred or advances made by Secured Party pursuant to the Notes, this Agreement or any other documents executed by the Debtor securing or relating to the Notes, this Agreement and/or the Collateral, whether executed prior to, contemporaneously with or subsequent to this Agreement (the Notes, this Agreement and such other documents executed by the Debtor are herein collectively referred to as the “Loan Documents”) to protect the Secured Property; andCollateral or fulfill the Debtor’s obligations under the Loan Documents, together with interest thereon from the time such costs and expenses are incurred or advances made, at the rate or rates from time to time provided for in the Notes but in any case not in excess of the maximum rate permitted by applicable law; (c) Full and punctual payment, performance and observance by Trustor of each other term, covenant, agreement, requirement, term and condition and other provision to be performed set forth or observed incorporated by Trustor under the Loan Agreement reference herein or under in any other Loan Document; and (d) Full any and punctual payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Property may agree to pay and/or perform (whether as principalamendments, surety or guarantor) for the benefit of Beneficiary, when such future advance or obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (e) All interest and charges on all Obligations secured hereby, including, without limitation, prepayment charges, late charges and loan fees; and (f) All modifications, renewals, restatements, replacements and/or extensions and renewals of any of the Obligationsforegoing, however evidencedin effect from time to time, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or bothbut not limited to, as the case may be, deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions, renewals, restatements, replacements and/or extensions or renewals at a different rate of interest, whether or not any such amendment, modification, extension or renewal is which are evidenced by a new or additional promissory note instruments, documents or notes; and agreements or which change the rate of interest on any obligation secured hereby, (g) The principal amount of collectively the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000“Obligations”).

Obligations Secured. Trustor makes this grant and assignment for the ------------------- purpose of securing the following obligations (the "“Obligations"”): (a) Full and punctual payment by Trustor to Beneficiary of all sums at any time owing by Trustor under the Term Notes; and, under the Credit Agreement (including Trustor’s obligations under the guaranty contained therein of the obligations of US Borrowers) and the other Loan Documents (as defined in the Credit Agreement); (b) Full and punctual payment and performance of all covenants and obligations of Trustor under this Deed of Trust including, without limitation, indemnification obligations, and advances made to protect the Secured Property; and; (c) Full and punctual payment, performance and observance by Trustor of each other term, covenant, agreement, requirement, condition and other provision to be performed or observed by Trustor under the Loan Agreement or under any other Loan Document; andDocuments (as defined in the Credit Agreement); (d) Full and punctual payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when such future advance or obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and; (e) All interest and charges on all Obligations secured hereby, including, without limitation, prepayment charges, late charges and loan fees; and (f) All modifications, extensions and renewals of any of the ObligationsObligations of Trustor, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or bothboth under the Credit Agreement, as the case may be, deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions or renewals at a different rate of interestinterest of the Credit Agreement, whether or not any such amendment, modification, extension or renewal of the Credit Agreement is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000).

Obligations Secured. Trustor makes this grant and assignment for the ------------------- purpose of securing the The following obligations (the "Secured Obligations"):) are secured by this Deed of Trust: (a) Full and punctual payment Payment of the sum of ONE MILLION SIX HUNDRED EIGHTY-EIGHT THOUSAND AND NO/100 DOLLARS ($1,688,000.00) with interest thereon according to the terms of a promissory note of even date herewith, payable to Beneficiary of or order and made by Grantor, including all sums at any time owing under renewals, amendments, modifications, extensions and substitutions therefor (the Notes; and"Note"). THE NOTE MAY CONTAIN PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE. (b) Full Payment of any further sums now or hereafter advanced or loaned by Beneficiary to Grantor, or any of its successors or assigns, and punctual payment of every other present and performance future obligation owing by Grantor to Beneficiary of any kind, and all covenants renewals, modifications, and obligations of Trustor under this Deed of Trust includingextensions thereof, without limitationincluding any interest, indemnification fees, costs, service charges, indemnifications and expenses connected with such obligations, and advances made to protect if (i) the Secured Property; and (c) Full and punctual payment, performance and observance by Trustor of each promissory note or other term, covenant, agreement, requirement, condition and other provision to be performed or observed by Trustor under written document evidencing the Loan Agreement or under any other Loan Document; and (d) Full and punctual payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when such future advance or loan or other obligation is evidenced by a writing which recites specifically states that it is secured by this Deed of Trust; and (e) All interest and charges on all Obligations secured hereby, including, without limitation, prepayment charges, late charges and loan fees; and (f) All modifications, extensions and renewals of any of the Obligations, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; or (ii) amendmentsthe advance, modificationsincluding costs and expenses incurred by Beneficiary, extensions or renewals at a different rate of interestis made pursuant to the Note, whether or not any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures or any other documents executed by Grantor evidencing, securing, or relating to the Loan, and/or the Collateral, whether executed prior to, contemporaneously with, or subsequent to this Deed of Trust (this Deed of Trust, the Note and all such other documents, including any construction or other loan agreement, and all renewals, amendments, modifications or extensions thereof, are hereafter collectively referred to as the "Loan Documents"), together with interest thereon at the rate set forth in the Note, unless otherwise specified in the Loan Documents or agreed in writing. (c) Performance of each agreement, term and condition set forth or incorporated by reference in the Loan Documents, as such may be amended. (d) Performance and payment of the date hereof obligations of Grantor (or any other obliger under the Note) under each and every existing or future "swap transaction" (i.e., any transactions governed by an ISDA master agreement) to which Grantor (or the obligor under the Note) and Beneficiary are parties, if this Deed of Trust is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS referenced in such transaction as a credit support document. Notwithstanding any of the foregoing, the Secured Obligations shall not include the obligations of Grantor under any Certificate and Indemnity Agreement Regarding Building Laws and Hazardous Substances now or hereafter executed by Grantor ($7,800,000)or any other person or entity) in connection with the loan evidenced by the Note.

Obligations Secured. Trustor makes this grant a. To secure the full and assignment for the ------------------- purpose of securing the following obligations (the "Obligations"): (a) Full and punctual payment to Beneficiary of all sums at any time owing under the Notes; and (b) Full and punctual prompt payment and performance of all covenants and the obligations of Trustor under this Deed Maker hereunder, including all renewals, extensions, restructurings or refinancings thereof (collectively, the “Obligations”), Maker hereby grants to Payee a continuing security interest in the following property of Trust Maker, whether now owned and existing hereafter acquired or arising, and regardless of where located (collectively referred to as the “Collateral”): (i) all fixtures and personal property of every kind and nature, including without limitation: all accounts; goods (including inventory and equipment); documents (including, without limitationif applicable, indemnification obligations, and advances made to protect the Secured Propertyelectronic documents); and (c) Full and punctual payment, performance and observance by Trustor of each other term, covenant, agreement, requirement, condition and other provision to be performed or observed by Trustor under the Loan Agreement or under any other Loan Documentinstruments; and (d) Full and punctual payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Property may agree to pay and/or perform promissory notes; chattel paper (whether as principal, surety tangible or guarantor) for electronic); letters of credit; letter-of-credit rights (whether or not the benefit letter of Beneficiary, when such future advance or obligation credit is evidenced by a writing which recites that it writing); securities and all other investment property; general intangibles (including all payment intangibles); money; deposit accounts; insurance; contracts; licenses; intellectual property rights, applications, and filings; copyrights, patents, and trademarks and all applications related thereto; trade secret rights; regulatory applications, filings or submissions; know-how; and any other contract rights or rights to the payment of money; (ii) all proceeds (as such term is secured by this Deed defined in Section 9-102 of Trust; the Uniform Commercial Code and (e) All interest and charges on all Obligations secured hereby, in any event, including, without limitation, prepayment chargesall dividends or other income therefrom, late charges collections thereon or distributions with respect thereto) and loan products of each of the foregoing, all books and records relating to the foregoing, all supporting obligations related thereto, and all accessions to, substitutions and replacements for, and rents, profits and products of, royalties, fees; and (f) All modifications, extensions income, payments, and renewals other proceeds now or hereafter due or payable with respect to any and all of the foregoing, and any and all proceeds of any insurance, indemnity, warranty or guaranty payable to Maker from time to time with respect to any of the foregoing; and (iii) any and all claims and causes of action with respect to any of the foregoing, whether occurring before, on, or after the date hereof, including all rights to and claims for damages, restitution, and injunctive and other legal and equitable relief for past, present, and future infringement, dilution, misappropriation, violation, misuse, breach, or default, with the right, but no obligation, to sue for such legal and equitable relief and to collect, or otherwise recover, any such damages. Notwithstanding any of the provisions set forth in this Section 4, however, this Note shall not constitute a grant of a security interest in any property to the extent that such grant of a security interest is prohibited by any requirement of Law or a Governmental Authority. b. Maker hereby authorizes Payee and its agents and attorneys-in-fact to prepare and file such financing statements or amendments thereof (including financing statements and amendments thereof describing the Collateral as “all assets” or “all personal property” or words to that effect) as Payee may from time to time deem necessary or appropriate in order to perfect and maintain the security interests granted hereunder in accordance with the Uniform Commercial Code of the State of Nevada or the Uniform Commercial Code, or equivalent Laws, of any applicable jurisdiction. Maker shall, at P▇▇▇▇’s request, at any time and from time to time, execute and deliver to Payee within ten (10) days of such request, such documents and other agreements and instruments (and pay the cost of filing or recording the same in all public offices deemed reasonably necessary or desirable by Payee) and do such other acts and things as Payee may deem necessary in order to establish and maintain a valid, attached and perfected security interest in the Collateral in favor of Payee (free and clear of all other Liens other than Permitted Liens) to secure payment and performance of the Obligations, however evidencedand in order to facilitate the collection of the Collateral. Maker hereby irrevocably makes, includingconstitutes and appoints Payee (and all persons designated by Payee for that purpose) as Maker’s lawful agent and attorney-in-fact to file such financing statements and other similar documents, agreements and instruments as may be necessary to preserve and perfect P▇▇▇▇’s security interest in the Collateral. Maker acknowledges and agrees that the Collateral is intended to encompass all assets and property of Maker (subject to the terms and conditions hereof) and if at any time Maker acquires or holds any interest in any assets or property a security interest in which cannot be perfected by the filing of a financing statement in the appropriate jurisdiction (or any assets or property a security interest in which can be so perfected, but that are not covered by the security interest grant set forth above), then Maker will, if reasonably requested by Payee, cause such assets or property to become part of the Collateral and take such reasonable steps as Payee may require in accordance herewith. c. Until an Event of Default has occurred and is continuing, Maker shall have the right, except as otherwise provided herein, to (i) sell or lease any of its inventory normally held by it for any such purpose, (ii) use and consume any raw materials, work in process or other materials normally held by it for such purpose and (iii) dispose of any assets to the extent not otherwise prohibited under the other provisions of this Note. If any inventory is in the possession or control of any warehouseman or the Maker’s agents or processors, them Maker shall, upon P▇▇▇▇’s request, notify such warehouseman, agent or processor of Payee’s security interest in such inventory and, upon P▇▇▇▇’s request, instruct them to hold all such inventory for P▇▇▇▇’s account and subject to P▇▇▇▇’s instructions. d. This Section 4 creates a continuing security interest in the Collateral and shall (i) remain in full force and effect until the payment or satisfaction in full of the Obligations, (ii) be binding upon Maker and its successors and assigns and (iii) inure to the benefit of Payee. Maker’s successors and assigns shall include, without limitation: (i) modifications , a receiver, trustee or debtor-in-possession thereof or therefor. e. Upon the payment in full in cash of the required principal payment dates or Obligations, the security interest payment dates or both, as granted pursuant to this Section 4 shall terminate and all rights to the case may be, deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions or renewals at a different rate of interest, whether or not Collateral shall revert to Maker. Upon any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount termination of the Obligations that this Deed security interests hereunder, Maker shall be entitled to the return, upon its request and at its expense, of Trust secures as such of the date Collateral held by or on behalf of Maker as shall not have been sold or otherwise applied pursuant to the terms hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000)and Payee will, at Maker’s expense, execute and deliver to Maker such other documents as they shall reasonably request to evidence such termination.

Obligations Secured. Trustor Grantor makes this grant and assignment for the ------------------- purpose of securing the following obligations (the "Secured Obligations"): (a) Full and punctual payment Payment to Beneficiary of all sums at any time owing under the NotesNote; andand 3 (b) Full and punctual payment Payment and performance of all covenants and obligations of Trustor Grantor under this Deed of Trust including, without limitation, indemnification obligations, and advances made to protect the Secured PropertyTrust; and (c) Full Payment and punctual paymentperformance of all covenants and obligations on the part of Grantor under that certain Loan Agreement, performance of even date herewith, by and observance by Trustor of each other termbetween Grantor and Co-Borrower and Beneficiary (as may be modified, covenantamended, agreementsupplemented or restated from time to time, requirement, condition and other provision to be performed or observed by Trustor under the "Loan Agreement") (capitalized terms used herein but not defined herein shall have the meaning provided for such terms in the Loan Agreement or under any other Loan DocumentAgreement); and (d) Full Payment and punctual payment performance of all covenants and obligations on the part of each of the Borrowers under all of the Loan Documents; and (e) Payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Subject Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when such future advance or obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (e) All interest and charges on all Obligations secured hereby, including, without limitation, prepayment charges, late charges and loan fees; and (f) All modifications, extensions and renewals of any of the Obligationsobligations secured hereby, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; or and (ii) amendments, modifications, extensions or renewals at a different rate of interest, interest whether or not any such amendmentin the case of the Note, the modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000).

Obligations Secured. Trustor makes this grant This Agreement and assignment all of the Collateral secure ------------------- the payment and performance of Grantor's (a) obligations under the Guarantee, including, but not limited to, the payment of all amounts owed to Trustee for the ------------------- purpose benefit of securing the following Holders of the Senior Secured Notes and (b) obligations owing, if any, to the Permitted Additional Senior Lenders, of every kind and description (whether or not evidenced by any note or instrument and whether or not for the payment of money), direct or indirect, absolute or contingent, due or to become due, now existing or hereafter arising, pursuant to the terms of the Guarantee, or any other instrument evidencing Permitted Indebtedness (other than Permitted Indebtedness described in clause (4) of the definition of Permitted Indebtedness), including, but not limited to, the payment of all amounts owed to the Collateral Agent of every kind and description (whether or not evidenced by any note or instrument and whether or not for the payment of money), direct or indirect, absolute or contingent, due or to become due, now existing or hereafter arising, pursuant to the terms of the Indenture, the Financing Documents or this Agreement, including all interest, fees, charges, expenses, attorney's fees and accountant's fees (all such obligations being herein called the "Obligations"): (a) Full and punctual payment to Beneficiary of all sums at any time owing under the Notes; and (b) Full and punctual payment and performance of all covenants and obligations of Trustor under this Deed of Trust including, without limitation, indemnification obligations, and advances made to protect the Secured Property; and (c) Full and punctual payment, performance and observance by Trustor of each other term, covenant, agreement, requirement, condition and other provision to be performed or observed by Trustor under the Loan Agreement or under any other Loan Document; and (d) Full and punctual payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when such future advance or obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (e) All interest and charges on all Obligations secured hereby, including, without limitation, prepayment charges, late charges and loan fees; and (f) All modifications, extensions and renewals of any of the Obligations, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions or renewals at a different rate of interest, whether or not any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000).

Obligations Secured. Trustor makes this the foregoing grant and assignment for the ------------------- purpose of securing the following obligations (the "Obligations"):which Trustor covenants to pay and perform promptly in accordance with their terms: (a) Full and punctual payment 4.01 Payment to Beneficiary of all sums at any time owing indebtedness evidenced by and arising under the Notes; and (b) Full and punctual payment and performance of all covenants and obligations of Trustor under this that certain Note Secured by First Lien Deed of Trust (the "Note"), dated as of the date hereof, payable to Beneficiary or its order, in the principal amount of Twenty One Million Five Hundred Thousand Dollars ($21,500,000.00) (which principal amount may be increased by $16,478,291.00 to a total of $37,978,291.00 pursuant to the terms of the Note), which Note is incorporated herein by this reference, together with interest thereon, and any modifications, extensions or renewals thereof (including, but without limitationlimitation (i) modifications of the required principal and/or interest payment dates, indemnification obligationsdeferring or accelerating said payment dates in whole or in part, and advances made and/or (ii) modifications, extensions or renewals at a different rate of interest), whether or not any such modification, extension or renewal is evidenced by a new or additional promissory note or notes; 4.02 Payment to protect the Secured Property; and (c) Full and punctual payment, performance and observance by Trustor Beneficiary of each other term, covenant, agreement, requirement, condition and other provision to be performed all indebtedness or observed by Trustor under the Loan Agreement or under any other Loan Document; and (d) Full and punctual payment and such further sums and/or performance of all future advances and other such further obligations that the then record owner of all or part of the Secured Property as Trustor may agree undertake to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, its successors or assigns, when such future advance or obligation is said borrowings and/or obligations are evidenced by a writing which recites or writings reciting that it is secured by this Deed of Trustthey are so secured; and (e) All interest 4.03 Performance of each agreement of Trustor herein contained or contained in the Note, and charges on all Obligations secured herebythe payment of each fee, includingcost and expense by Trustor as herein set forth. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, without limitation, prepayment charges, late charges and loan fees; and (f) All modifications, extensions and renewals of any of the Obligations, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions or renewals at a different rate of interest, whether or not any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000).THE PARTIES AGREE AS FOLLOWS:

Obligations Secured. Trustor makes this grant This Agreement is made as collateral security for, and assignment for the ------------------- purpose of securing security interest granted in the Collateral secures the following obligations (hereinafter sometimes referred to collectively as the "“Obligations"): ”): [i] all indebtedness and liabilities (aincluding but not limited to loan fees and late charges) Full arising under or evidenced by, and punctual payment to Beneficiary of all sums at any time owing under the Notes; and (b) Full and punctual payment and performance of all covenants covenants, conditions and agreements undertaken by Borrower in connection with [a] that certain Secured Promissory Note dated the date of this Agreement made by Borrower to the order of Lender in face principal amount of $3,000,000.00, and any and all renewals, extensions and amendments thereof and substitutions and replacements therefore (the “Note”), and [b] that certain “Note and Warrant Purchase Agreement” dated the date hereof entered into between Borrower and Lender pursuant to which the Note was issued, and [ii] all other indebtedness, liabilities and obligations of Trustor under Borrower to Lender of whatever nature, whether now in existence or hereafter created, arising or acquired, whether created directly or acquired by Lender by assignment or otherwise, whether joint or several, whether of the same or different class or type as the indebtedness evidenced by the note, instrument or other agreement executed and delivered by Borrower to Lender in connection with the execution and delivery of this Deed Agreement, it being the intent of Trust including, without limitation, indemnification obligations, Borrower and advances made to protect Lender that all of the Secured Property; and (c) Full and punctual payment, performance and observance by Trustor of each other term, covenant, agreement, requirement, condition and other provision to same be performed or observed by Trustor under the Loan Agreement or under any other Loan Document; and (d) Full and punctual payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Property may agree Obligations for all purposes of this Agreement, and [iii] all expenses, costs and changes of any nature whatsoever paid or incurred by Lender to pay and/or perform (whether as principalenforce its rights and remedies under any Loan Document, surety or guarantor) for to obtain, preserve, perfect and enforce the benefit of Beneficiary, when such future advance or obligation is evidenced by a writing which recites that it is secured security interest established by this Deed of Trust; and (e) All interest and charges on all Obligations secured herebyAgreement, including, without limitation, prepayment charges, late charges and loan fees; and (f) All modifications, extensions and renewals of any of the Obligations, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions or renewals at a different rate of interest, whether or not any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of to collect the Obligations that enumerated in this Deed Section 2, and to maintain and preserve the Collateral, including without limitation taxes, assessments, insurance premiums, repairs, reasonable attorneys’ fees and legal expenses, rent, storage costs and expenses of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000)collection and sale.

Obligations Secured. Trustor makes this grant The grants, assignments and assignment transfers made in Section 1.1 are given for the ------------------- purpose of securing the following obligations (the "Obligations"):securing, in such order of priority as Beneficiary may determine: (a) Full Payment of the indebtedness evidenced by a promissory note of even date herewith and punctual payment any renewals, extensions, modifications, changes or amendments thereof, in the original principal amount of One Million Four Hundred Forty-Three Thousand, Ninety-Four Dollars ($1,443,094.00) executed by Trustor and payable to Beneficiary of all sums at any time owing under (the Notes; and"NOTE"), together with interest thereon and late charges as provided by the Note, which is made a part hereof by reference; (b) Full Payment of such further sums as Trustor, any guarantor, or any successor in ownership hereafter may borrow from Beneficiary or that may be advanced or provided by Beneficiary for the benefit of Trustor or the Property whether or not evidenced by another note or notes, reciting it is so secured, and punctual payment all renewals, extensions, modifications, changes or amendments of such indebtedness; (c) Payment of all other moneys agreed or provided to be paid by Trustor herein and performance of all covenants and other obligations of Trustor under this Deed contained herein or in the Declaration of Trust includingConstruction Covenants, without limitationUse Restrictions, indemnification obligationsLien Rights and Repurchase Option of even date herewith and recorded concurrently herewith (the "DECLARATION"); and any amendments, and advances made to protect the Secured Property; and (c) Full and punctual payment, performance and observance by Trustor of each other term, covenant, agreement, requirement, condition and other provision to be performed modifications or observed by Trustor under the Loan Agreement changes hereto or under any other Loan Documentthereto; and (d) Full and punctual payment and performance Performance of all future advances and each agreement of Trustor contained the Note or in any other obligations that the then record owner of all or part of the Secured Property may agree agreement given by Trustor to pay and/or perform (whether as principal, surety or guarantor) Beneficiary which is for the benefit purpose of Beneficiary, when such future advance further securing any indebtedness or obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (e) All interest hereby and charges on all Obligations secured hereby, including, without limitation, prepayment charges, late charges and loan fees; and (f) All modifications, extensions and renewals of any of the Obligations, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions modifications or renewals at a different rate of interest, whether or not any such amendment, modification, extension or renewal is evidenced by a new or additional promissory note or notes; and (g) The principal amount of the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000)changes thereto.

Obligations Secured. Trustor makes this grant The security interest in the Collateral is given as general and assignment continuing security for the ------------------- purpose payment, performance and satisfaction of securing any and all indebtedness and liability of the following obligations Debtor to the Secured Party (including interest thereon), under or arising in connection with the "Obligations"):following: (a) Full and punctual payment to Beneficiary of all sums at any time owing the Debtor's obligations under the Notes; and, including without limitation, all principal, interest thereon, charges and other costs and expenses as therein set forth; (b) Full the Debtor's obligations with respect to payment of any costs and punctual payment and performance of all covenants and obligations of Trustor under this Deed of Trust including, without limitation, indemnification obligations, and expenses incurred or advances made by Secured Party pursuant to the Notes, this Agreement or any other documents executed by the Debtor securing or relating to the Notes, this Agreement and/or the Collateral, whether executed prior to, contemporaneously with or subsequent to this Agreement (the Notes, this Agreement and such other documents executed by the Debtor are herein collectively referred to as the “LoanDocuments”) to protect the Secured Property; andCollateral or fulfill the Debtor’s obligations under the Loan Documents, together with interest thereon from the time such costs and expenses are incurred or advances made, at the rate or rates from time to time provided for in the Notes but in any case not in excess of the maximum rate permitted by applicable law; (c) Full and punctual payment, performance and observance by Trustor of each other term, covenant, agreement, requirement, term and condition and other provision to be performed set forth or observed incorporated by Trustor under the Loan Agreement reference herein or under in any other Loan Document; and (d) Full any and punctual payment and performance of all future advances and other obligations that the then record owner of all or part of the Secured Property may agree to pay and/or perform (whether as principalamendments, surety or guarantor) for the benefit of Beneficiary, when such future advance or obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (e) All interest and charges on all Obligations secured hereby, including, without limitation, prepayment charges, late charges and loan fees; and (f) All modifications, renewals, restatements, replacements and/or extensions and renewals of any of the Obligationsforegoing, however evidencedin effect from time to time, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or bothbut not limited to, as the case may be, deferring or accelerating payment dates wholly or partly; or (ii) amendments, modifications, extensions, renewals, restatements, replacements and/or extensions or renewals at a different rate of interest, whether or not any such amendment, modification, extension or renewal is which are evidenced by a new or additional promissory note instruments, documents or notes; and agreements or which change the rate of interest on any obligation secured hereby, (g) The principal amount of collectively the Obligations that this Deed of Trust secures as of the date hereof is SEVEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000"Obligations").