Common use of Secured Indebtedness, Note, Loan Documents, Other Obligations Clause in Contracts

Secured Indebtedness, Note, Loan Documents, Other Obligations. This Deed of Trust secures and will secure the payment and performance of the following promissory notes, obligations, indebtedness, duties and liabilities and all renewals, extensions, supplements, increases, and modifications thereof in whole or in part from time to time (collectively, but subject to the following sentence, the “Secured Indebtedness”): (a) the Promissory Note and all other notes given in substitution therefor or in modification, supplement, increase, renewal or extension thereof, in whole or in part (such note or notes, whether one or more, as from time to time renewed, extended, supplemented, increased or modified and all other notes given in substitution therefor, or in modification, renewal or extension thereof, in whole or in part, being hereinafter called the “Note”, and Lender, or the subsequent holder at the time in question of the Note or any of the Secured Indebtedness, as hereinafter defined, being herein collectively called “Holder”); the Construction Loan Agreement between the parties (b) all indebtedness, liabilities, duties, covenants, promises and other obligations whether joint or several, direct or indirect, fixed or contingent, liquidated or unliquidated, and the cost of collection of all such amounts, owed by Grantor to Holder now or hereafter incurred or arising pursuant to or permitted by the provisions of the Note, the Construction Loan Agreement, this Deed of Trust, or any other document now or hereafter evidencing, governing, guaranteeing, securing or otherwise executed in connection with the loan evidenced by the Note and the Construction Loan Agreement, including but not limited to any loan or credit agreement, letter of credit or reimbursement agreement, or other agreement between Grantor and Holder, or among Grantor, Holder and any other party or parties, pertaining to the repayment or use of the proceeds of the loan evidenced by the Note (the Note, the Construction Loan Agreement, this Deed of Trust and such other documents, as they or any of them may have been or may be from time to time renewed, extended, supplemented, increased or modified, being herein sometimes collectively called the “Loan Documents”); and (c) all other loans and future advances made by Holder to Grantor and all other debts, obligations and liabilities of Grantor of every kind and character now or hereafter existing in favor of Holder, whether direct or indirect, primary or secondary, joint or several, fixed or contingent, secured or unsecured, and whether originally payable to Holder or to a third party and subsequently acquired by Holder, which are evidenced by a writing executed or accepted by Holder reciting that they are secured by this Deed of Trust, it being contemplated that Grantor may hereafter become indebted to Holder for such further debts, obligations and liabilities; provided, however, and notwithstanding the foregoing provisions of this clause (c), this Deed of Trust shall not secure any such other loan, advance, debt, obligation or liability with respect to which Holder is by applicable law prohibited from obtaining a lien on real estate nor shall this clause (c) operate or be effective to constitute or require any assumption or payment by any person, in any way, of any debt of any other person to the extent that the same would violate or exceed the limit provided in any applicable usury or other law. Notwithstanding the foregoing, or any other conflicting provision of this Deed of Trust, the Secured Obligations do not include Grantor’s obligations under the separate Environmental Indemnity Agreement of even date in favor of Lender (the “EIA”) but do secure Grantor’s obligations under Section 2.1(m) of this Deed of Trust.

Secured Indebtedness, Note, Loan Documents, Other Obligations. This Deed of Trust secures Mortgage is made to secure and will secure enforce the payment and performance of the following promissory notes, obligations, indebtedness, duties and liabilities and all renewals, extensions, supplements, increases, and modifications thereof in whole or in part from time to time (collectively, but subject to the following sentence, collectively the “Secured Indebtedness”): (a) the Promissory Note and all other promissory notes given in substitution therefor or in modification, supplement, increase, renewal or extension thereof, in whole or in part (such promissory note or promissory notes, whether one or more, as from time to time renewed, extended, supplemented, increased or modified and all other notes given in substitution therefor, or in modification, renewal or extension thereof, in whole or in part, being hereinafter called the “Note”, and LenderMortgagee, or the subsequent holder Mortgagee at the time in question of the Note or any of the Secured Indebtedness, as hereinafter defined, being such Mortgagee continuing to be defined herein collectively called as “HolderMortgagee”); the Construction Loan Agreement between the parties and (b) all interest, Additional Interest, indebtedness, liabilities, duties, covenants, promises and other obligations whether joint or several, direct or indirect, fixed or contingent, liquidated or unliquidated, and the cost of collection of all such amounts, owed by Grantor Mortgagor to Holder Mortgagee now or hereafter incurred or arising pursuant to or permitted by the provisions of the Note, this Mortgage, the Construction Loan Agreement, this Deed of Trust, Agreement or any other document now or hereafter evidencing, governing, guaranteeing, securing or otherwise executed in connection with the loan evidenced by the Note and the Construction Loan AgreementNote, including but not limited to any loan or credit agreement, letter of credit or reimbursement agreement, tri-party financing agreement, Master Agreement relating to any Swap Transactions or other agreement between Grantor Mortgagor and HolderMortgagee, or among GrantorMortgagor, Holder Mortgagee and any other party or parties, pertaining to the repayment or use of the proceeds of the loan evidenced by the Note (the Note, the Construction Mortgage, the Loan Agreement, this Deed of Trust any Master Agreement relating to any Swap Transactions and any such other documents, documents as they or any of them may have been or may be from time to time renewed, extended, supplemented, increased or modified, being herein sometimes collectively called the “Loan Documents”); and (c) all other loans and future advances made by Holder to Grantor and all other debts, obligations and liabilities of Grantor of every kind and character now or hereafter existing in favor of Holder. “Swap Transaction” means any agreement, whether direct or indirectnot in writing, primary relating to any transaction that is a rate swap, basis swap, forward rate transaction, commodity swap, commodity option, equity or secondaryequity index swap or option, joint bond, note or severalxxxx option, fixed interest rate option, forward foreign exchange transaction, cap, collar or contingentfloor transaction, secured currency swap, cross-currency rate swap, swap option currency option or unsecuredany other, and whether originally payable similar transaction (including any option to Holder or to a third party and subsequently acquired by Holder, which are evidenced by a writing executed or accepted by Holder reciting that they are secured by this Deed enter into any of Trust, it being contemplated that Grantor may hereafter become indebted to Holder for such further debts, obligations and liabilities; provided, however, and notwithstanding the foregoing provisions of this clause (c), this Deed of Trust shall not secure any such other loan, advance, debt, obligation or liability with respect to which Holder is by applicable law prohibited from obtaining a lien on real estate nor shall this clause (c) operate or be effective to constitute or require any assumption or payment by any person, in any way, of any debt of any other person to the extent that the same would violate or exceed the limit provided in any applicable usury or other law. Notwithstanding the foregoing) or any combination of the foregoing, and, unless the context otherwise clearly requires, any form of master agreement (the “Master Agreement”) published by the International Swaps and Derivatives Association, Inc., or any other conflicting provision master agreement, entered into between Mortgagee (or its affiliates) and Mortgagor (or its affiliates), together with any related schedules, as amended, supplemented, superseded or replaced from time to time, relating to or governing any or all of this Deed of Trust, the Secured Obligations do not include Grantor’s obligations under the separate Environmental Indemnity Agreement of even date in favor of Lender (the “EIA”) but do secure Grantor’s obligations under Section 2.1(m) of this Deed of Trustforegoing.

Secured Indebtedness, Note, Loan Documents, Other Obligations. This Deed of Trust secures is made to secure and will secure enforce the payment and performance of the following promissory notes, obligations, indebtedness, duties and liabilities and all renewals, extensions, supplements, increases, and modifications thereof in whole or in part from time to time (collectively, but subject to collectively the following sentence, the “"Secured Indebtedness”"): (a) the Promissory Note and all other promissory notes given in substitution therefor or in modification, supplement, increase, renewal or extension thereof, in whole or in part (such promissory note or promissory notes, whether one or more, as from time to time renewed, extended, supplemented, increased or modified and all other notes given in substitution therefor, or in modification, renewal or extension thereof, in whole or in part, being hereinafter called the “"Note”", and Lender, or the subsequent holder at the time in question of the Note or any of the Secured Indebtedness, as hereinafter defined, being herein collectively called “"Holder”"); the Construction Loan Agreement between the parties (b) all indebtedness, liabilities, duties, covenants, promises and other obligations whether joint or several, direct or indirect, fixed or contingent, liquidated or unliquidated, and the cost of collection of all such amounts, owed by Grantor to Holder now or hereafter incurred or arising pursuant to or permitted by the provisions of the Note, the Construction Loan Agreement, this Deed of Trust, or any other document now or hereafter evidencing, governing, guaranteeing, securing or otherwise executed in connection with the loan evidenced by the Note and the Construction Loan AgreementNote, including but not limited to any loan or credit agreement, letter of credit or reimbursement agreement, tri–party financing agreement, Interest Rate Protection Agreement or other agreement between Grantor and Holder, or among Grantor, Holder and any other party or parties, pertaining to the repayment or use of the proceeds of the loan evidenced by the Note (the Note, the Construction Loan Agreement, this Deed of Trust and such other documents, as they or any of them may have been or may be from time to time renewed, extended, supplemented, increased or modified, being herein sometimes collectively called the “"Loan Documents”"); and (c) all other loans and future advances made by Holder to Grantor and all other debts, obligations and liabilities of Grantor of every kind and character now or hereafter existing in favor of Holder, whether direct or indirect, primary or secondary, joint or several, fixed or contingent, secured or unsecured, and whether originally payable to Holder or to a third party and subsequently acquired by Holder, which are evidenced by a writing executed or accepted by Holder reciting that they are secured by this Deed of Trust, it being contemplated that Grantor may hereafter become indebted to Holder for such further debts, obligations and liabilities; provided, however, and notwithstanding the foregoing provisions of this clause (c), this Deed of Trust shall not secure any such other loan, advance, debt, obligation or liability with respect to which Holder is by applicable law prohibited from obtaining a lien on real estate nor shall this clause (c) operate or be effective to constitute or require any assumption or payment by any person, in any way, of any debt of any other person to the extent that the same would violate or exceed the limit provided in any applicable usury or other law. Notwithstanding the foregoing"Interest Rate Protection Agreement" means any interest rate swap agreement, International Swaps and Derivatives Association, Inc. (ISDA) Master Agreement, or any other conflicting provision similar agreement or arrangement now existing or hereafter entered into by Grantor and Lender in connection with the loan evidenced by the Note to hedge the risk of this Deed variable interest rate volatility or fluctuations of Trustinterest rates, the Secured Obligations do not include Grantor’s obligations under the separate Environmental Indemnity Agreement of even date as any such agreement or arrangement may be modified, supplemented, and in favor of Lender (the “EIA”) but do secure Grantor’s obligations under Section 2.1(m) of this Deed of Trusteffect from time to time.

Secured Indebtedness, Note, Loan Documents, Other Obligations. This Deed of Trust secures Mortgage is made to secure and will secure enforce the payment and performance of the following promissory notes, obligations, indebtedness, duties and liabilities and all renewals, extensions, supplements, increases, and modifications thereof in whole or in part from time to time (collectively, but subject to collectively the following sentence, the “"Secured Indebtedness”"): (a) the Promissory Note and all other promissory notes given in substitution therefor or in modification, supplement, increase, renewal or extension thereof, in whole or in part (such promissory note or promissory notes, whether one or more, as from time to time renewed, extended, supplemented, increased or modified and all other notes given in substitution therefor, or in modification, renewal or extension thereof, in whole or in part, being hereinafter called the “"Note”", and LenderMortgagee, or the subsequent holder Mortgagee at the time in question of the Note or any of the Secured Indebtedness, as hereinafter defined, being such Mortgagee continuing to be defined herein collectively called “Holder”as "Mortgagee"); the Construction Loan Agreement between the parties and (b) all interest, Additional Interest, indebtedness, liabilities, duties, covenants, promises and other obligations whether joint or several, direct or indirect, fixed or contingent, liquidated or unliquidated, and the cost of collection of all such amounts, owed by Grantor Mortgagor to Holder Mortgagee now or hereafter incurred or arising pursuant to or permitted by the provisions of the Note, this Mortgage, the Construction Loan Agreement, this Deed of Trust, Agreement or any other document now or hereafter evidencing, governing, guaranteeing, securing or otherwise executed in connection with the loan evidenced by the Note and the Construction Loan AgreementNote, including but not limited to any loan or credit agreement, letter of credit or reimbursement agreement, tri-party financing agreement, Master Agreement relating to any Swap Transactions or other agreement between Grantor Mortgagor and HolderMortgagee, or among GrantorMortgagor, Holder Mortgagee and any other party or parties, pertaining to the repayment or use of the proceeds of the loan evidenced by the Note (the Note, the Construction Mortgage, the Loan Agreement, this Deed of Trust any Master Agreement relating to any Swap Transactions and any such other documents, documents as they or any of them may have been or may be from time to time renewed, extended, supplemented, increased or modified, being herein sometimes collectively called the “"Loan Documents”"); and (c) all other loans and future advances made by Holder to Grantor and all other debts, obligations and liabilities of Grantor of every kind and character now or hereafter existing in favor of Holder. "Swap Transaction" means any agreement, whether direct or indirectnot in writing, primary relating to any transaction that is a rate swap, basis swap, forward rate transaction, commodity swap, commodity option, equity or secondaryequity index swap or option, joint bond, note or severalxxxx option, fixed interest rate option, forward foreign exchange transaction, cap, collar or contingentfloor transaction, secured currency swap, cross-currency rate swap, swap option currency option or unsecuredany other, and whether originally payable similar transaction (including any option to Holder or to a third party and subsequently acquired by Holder, which are evidenced by a writing executed or accepted by Holder reciting that they are secured by this Deed enter into any of Trust, it being contemplated that Grantor may hereafter become indebted to Holder for such further debts, obligations and liabilities; provided, however, and notwithstanding the foregoing provisions of this clause (c), this Deed of Trust shall not secure any such other loan, advance, debt, obligation or liability with respect to which Holder is by applicable law prohibited from obtaining a lien on real estate nor shall this clause (c) operate or be effective to constitute or require any assumption or payment by any person, in any way, of any debt of any other person to the extent that the same would violate or exceed the limit provided in any applicable usury or other law. Notwithstanding the foregoing) or any combination of the foregoing, and, unless the context otherwise clearly requires, any form of master agreement (the "Master Agreement") published by the International Swaps and Derivatives Association, Inc., or any other conflicting provision master agreement, entered into between Mortgagee (or its affiliates) and Mortgagor (or its affiliates), together with any related schedules, as amended, supplemented, superseded or replaced from time to time, relating to or governing any or all of this Deed of Trust, the Secured Obligations do not include Grantor’s obligations under the separate Environmental Indemnity Agreement of even date in favor of Lender (the “EIA”) but do secure Grantor’s obligations under Section 2.1(m) of this Deed of Trustforegoing.