Common use of Secured Obligations Clause in Contracts

Secured Obligations. (a) Mortgagor makes the grant, conveyance, and mortgage set forth in Section 1.1 above, and grants the security interest set forth in Section 3 below for the purpose of securing the following obligations (the “Secured Obligations”) in any order of priority that Mortgagee may choose: (i) Payment of all obligations at any time owing under (A) the various promissory notes (the “Note”) dated as of June 30, 2011, payable by Borrower, as maker in the aggregate principal amount of Seventy-One Million Five Hundred Thousand and No/100 Dollars ($71,500,000.00) to the order of Lenders, (B) that certain Intercompany Note of the Mortgagor dated as of the date hereof payable to Borrower and assigned to Agent, (C) those certain Intercompany Notes of the other Subsidiary Guarantors from time to time, as maker(s), payable to Borrower and assigned to Agent (together with the Note, the “Notes”), and (D) the Subsidiary Guaranty; (ii) Payment and performance of all Guaranteed Obligations (as defined in the Subsidiary Guaranty); (iii) Payment and performance of all obligations of Mortgagor under this Mortgage; (iv) Payment and performance of all obligations of Borrower under the Credit Agreement and the other Loan Documents; (v) Payment and performance of any obligations of Mortgagor and the other Loan Parties (including each other Subsidiary Guarantor) under the other Loan Documents; (vi) Payment and performance of all future advances and other obligations that Mortgagor or any successor in ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Mortgagee, when a writing evidences the parties’ agreement that the advance or obligation be secured by this Mortgage; and (vii) Payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, of any of the Secured Obligations. (b) All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such terms include any provisions in the Notes or the Credit Agreement which permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time.

Secured Obligations. (a) Mortgagor makes the grant, conveyance, and mortgage set forth in Section 1.1 above, and grants the security interest set forth in Section 3 below for the purpose of securing the following obligations (the “"Secured Obligations”") in any order of priority that Mortgagee may choose: (i) Payment of all obligations at any time owing under (A) the various promissory notes (Notes under the “Note”) dated as of June 30, 2011, payable by Borrower, as maker in the aggregate principal amount of Seventy-One Million Five Hundred Thousand and No/100 Dollars ($71,500,000.00) to the order of Lenders, (B) that certain Intercompany Note terms of the Mortgagor dated as of the date hereof payable to Borrower and assigned to Agent, (C) those certain Intercompany Notes of the other Subsidiary Guarantors from time to time, as maker(s), payable to Borrower and assigned to Agent (together with the Note, the “Notes”), and (D) the Subsidiary Guaranty;Term Loan Agreement; and (ii) Payment and performance of all Guaranteed Obligations (as defined in the Subsidiary Guaranty);obligations of Mortgagor under this Mortgage; and (iii) Payment and performance of all obligations of Mortgagor under this Mortgage;the Term Loan Agreement; and (iv) Payment and performance of all obligations of Borrower under the Credit Agreement and the other Loan Documents; (v) Payment and performance of any obligations of Mortgagor under any Loan Documents which are executed by Mortgagor; and (v) Payment and performance of all obligations of Mortgagor arising from any Rate Management Transactions entered into with the Administrative Agent or any of the Lenders in connection with the Term Loan Agreement. Rate Management Transactions shall mean an interest rate hedging program through the purchase by Mortgagor from the Administrative Agent or any of the Lenders in connection with an interest rate swap, cap or such other interest rate protection product with respect to the Term Loan Parties (including each other Subsidiary Guarantor) under the other Loan Documents;Agreement; and (vi) Payment and performance of all future advances and other obligations that Mortgagor or any successor in ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Mortgagee, when a writing evidences the parties’ ' agreement that the advance or obligation be secured by this Mortgage; and (vii) Payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, of any of the Secured Obligations. (b) All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such terms include any provisions in the Notes Note or the Credit Term Loan Agreement which permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time.

Secured Obligations. (a) Mortgagor makes the grant, conveyance, and mortgage set forth in Section 1.1 above, and grants the security interest set forth in Section 3 below This Mortgage is made for the purpose of securing the following obligations (the “"Secured Obligations”") in any order of priority that Mortgagee may choose: (ia) Payment of all obligations at any time owing under (A) the various promissory notes a Promissory Note (the “"Note”") dated as of June 30, 2011even date herewith, payable by Borrower, Mortgagor as maker in the aggregate stated principal amount of Seventy-One Ninety Million Five Hundred Thousand and No/100 Dollars ($71,500,000.0090,000,000.00) to the order of LendersMortgagee, (B) that certain Intercompany which Note of the Mortgagor dated as of the date hereof matures and is due and payable to Borrower and assigned to Agentin full not later than____________, (C) those certain Intercompany Notes of the other Subsidiary Guarantors from time to time, as maker(s), payable to Borrower and assigned to Agent (together with the Note, the “Notes”), and (D) the Subsidiary Guaranty;______; and (iib) Payment and performance of all Guaranteed Obligations obligations of Mortgagor under a Loan Agreement of even date herewith between Mortgagor, as borrower, and Mortgagee, as lender (as defined in the Subsidiary Guaranty"Loan Agreement");; and (iiic) Payment and performance of all obligations of Mortgagor under this Mortgage;; and (iv) Payment and performance of all obligations of Borrower under the Credit Agreement and the other Loan Documents; (vd) Payment and performance of any obligations of Mortgagor and under any Loan Documents (as defined in the other Loan Parties (Agreement) which are executed by Mortgagor, including each other Subsidiary Guarantor) under without limitation the other Loan Documents;Environmental Indemnity; and (vie) Payment and performance of all future advances and other obligations that Mortgagor or any successor in ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Mortgagee, when a writing evidences the parties’ ' agreement that the advance or obligation be secured by this Mortgage; and (viif) Payment and performance of all modifications, amendments, extensions, extensions and renewals, however evidenced, of any of the Secured Obligations. (b) . All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such These terms include any provisions in the Notes Note or the Credit Loan Agreement which permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time.

Secured Obligations. (a) Mortgagor makes the grant, conveyance, and mortgage set forth in Section 1.1 above, and grants the security interest set forth in Section 3 below for the purpose of securing the following obligations (the “Secured Obligations”) in any order of priority that Mortgagee may choose: (i) Payment of all obligations at any time owing under (A) a Promissory Note executed of even date herewith by Mortgagor in favor of Mortgagee and in the various promissory notes stated principal amount of $5,000,000.00 (the “Note”) dated as of June 30, 2011, payable by Borrower, as maker in the aggregate principal amount of Seventy-One Million Five Hundred Thousand and No/100 Dollars ($71,500,000.00) to the order of Lenders, (B) that certain Intercompany Note of the Mortgagor dated as of the date hereof payable to Borrower and assigned to Agent, (C) those certain Intercompany Notes of the other Subsidiary Guarantors from time to time, as maker(s), payable to Borrower and assigned to Agent (together with the Note, the “Notes”), and (D) the Subsidiary Guaranty;; and (ii) Payment and performance of all Guaranteed Obligations (as defined in the Subsidiary Guaranty);obligations of Mortgagor under this Mortgage; and (iii) Payment and performance of all obligations of Mortgagor under this Mortgage;a Loan Agreement bearing even date herewith between Mortgagor as “Borrower” and Mortgagee as “Lender” (together with all amendments, modifications, renewals or extensions thereto, the “Loan Agreement”); and (iv) Payment and performance of all obligations of Borrower under the Credit Agreement and the other Loan Documents; (v) Payment and performance of any obligations of Mortgagor and the other under any Loan Parties (including each other Subsidiary Guarantor) under the other Loan Documents;Documents which are executed by Mortgagor; and (viv) Payment and performance of all future advances and other obligations that Mortgagor or any successor in ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Mortgagee, when a writing evidences the parties’ agreement that the advance or obligation be secured by this Mortgage; and (viivi) Payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, obligations of Mortgagor arising under any of the Secured Obligations. (b) All persons who may have or acquire Interest Rate Agreements. "Interest Rate Agreements" shall mean an interest in all or any part rate hedging program through the purchase by Mortgagor from Mortgagee of the Property will be considered to have notice ofan interest rate swap, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such terms include any provisions in the Notes or the Credit Agreement which permit borrowing, repayment and reborrowingcap, or which provide that the such other interest rate on one or more of protection product with respect to the Secured Obligations may vary from time to time.Note; and

Secured Obligations. (a) Mortgagor makes the grant, conveyanceThis Agreement secures, and mortgage set forth the Pledged Collateral is collateral security for, the payment and performance in Section 1.1 abovefull when due, whether at stated maturity, by acceleration or otherwise (including, without limitation, the payment of interest and grants the security interest set forth in Section 3 below other amounts which would accrue and become due but for the purpose filing of securing a petition in bankruptcy or the following obligations (operation of the “Secured Obligations”automatic stay under Section 362(a) in any order of priority that Mortgagee may choose: the Bankruptcy Code, 11 U.S.C. ss. 362(a)), of (i) Payment of all obligations at any time owing under (A) the various promissory notes (the “Note”) dated as of June 30, 2011, payable by Borrower, as maker in the aggregate principal amount of Seventy-One Million Five Hundred Thousand and No/100 Dollars ($71,500,000.00) to the order of Lenders, (B) that certain Intercompany Note Obligations of the Mortgagor dated as Borrower now existing or hereafter arising under or in respect of the date hereof payable to Borrower and assigned to Agent, (C) those certain Intercompany Notes of the other Subsidiary Guarantors from time to time, as maker(s), payable to Borrower and assigned to Agent (together with the Note, the “Notes”), and (D) the Subsidiary Guaranty; (ii) Payment and performance of all Guaranteed Obligations (as defined in the Subsidiary Guaranty); (iii) Payment and performance of all obligations of Mortgagor under this Mortgage; (iv) Payment and performance of all obligations of Borrower under the Credit Agreement and all Interest Rate Obligations of the other Loan Documents; (v) Payment and performance Borrower now existing or hereafter arising under or in respect of any Interest Rate Agreement (including, without limitation, the obligations of Mortgagor the Borrower to pay principal, interest and all other charges, fees, expenses, commissions, reimbursements, premiums, indemnities and other payments related to or in respect of the Obligations contained in the Credit Agreement) and the obligations contained in any Interest Rate Agreement, (ii) all obligations of the Guarantors now existing or hereafter arising under or in respect of the Guarantees (including, without limitation, the obligations of each Guarantor to pay principal, interest and all other Loan Parties (including each other Subsidiary Guarantor) under the other Loan Documents; (vi) Payment and performance of all future advances charges, fees, expenses, commissions, reimbursements, premiums, indemnities and other payments related to or in respect of the obligations that Mortgagor contained in the Guarantees) and (iii) without duplication of the amounts described in clauses (i) and (ii), all obligations of the Pledgors now existing or hereafter arising under or in respect of this Agreement or any successor other Security Document, including, without limitation, all charges, fees, expenses, commissions, reimbursements, premiums, indemnities and other payments related to or in ownership of all or part respect of the Property may agree to pay and/or perform obligations contained in this Agreement or in any other Security Document, in each case whether in the regular course of business or otherwise (whether as principalthe obligations described in clauses (i), surety or guarantor(ii) for and (iii), collectively, the benefit of Mortgagee, when a writing evidences the parties’ agreement that the advance or obligation be secured by this Mortgage; and (vii) Payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, of any of the "Secured Obligations"). (b) All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such terms include any provisions in the Notes or the Credit Agreement which permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time.

Secured Obligations. (a) Mortgagor Grantor makes the grant, conveyance, and mortgage set forth in Section 1.1 above, and grants the security interest set forth in Section 3 below for the purpose of securing the following obligations (the “"Secured Obligations”") in any order of priority that Mortgagee Beneficiary may choose: (i) Payment of all obligations at any time owing of Grantor under (Aa) the various promissory notes (the “Note”) Promissory Note made by Grantor in favor of Beneficiary dated as of June 30, 2011, payable by Borrower, as maker even date in the aggregate stated principal amount of SeventyTwenty-Five Million One Million Hundred Forty-Seven Thousand Five Hundred Thousand and No/100 00/100 Dollars ($71,500,000.0025,147,500.00) to the order of Lenders(as amended, (B) that certain Intercompany Note of the Mortgagor dated as of the date hereof payable to Borrower and assigned to Agentrestated, (C) those certain Intercompany Notes of the other Subsidiary Guarantors reissued, replaced and/or modified from time to time, as maker(sthe "Note"), payable to Borrower with a maturity date of May 18, 2016 (unless it is extended by mutual agreement of Grantor and assigned to Agent (together with the Note, the “Notes”Beneficiary), and (D) the Subsidiary Guaranty; (ii) Payment and performance of all Guaranteed Obligations (as defined in the Subsidiary Guaranty)obligations of Grantor under this Deed of Trust; (iii) Payment and performance of all obligations of Mortgagor Grantor under this Mortgagethe Loan Agreement; (iv) Payment and performance of all any obligations of Borrower Grantor under the Credit Agreement and the other any Loan Documents; (v) Payment and performance of any all obligations of Mortgagor and the other Loan Parties (including each other Subsidiary Guarantor) under the other Loan DocumentsGrantor arising from any Interest Rate Agreements; (vi) Payment and performance of all future advances and other obligations that Mortgagor Grantor or any successor in ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of MortgageeBeneficiary, when a writing evidences the parties’ ' agreement that the advance or obligation be secured by this MortgageDeed of Trust; and (vii) Payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, of any of the Secured Obligations. (b) All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such terms include any provisions in the Notes Note or the Credit Loan Agreement which permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time.

Secured Obligations. (a) Mortgagor Grantor makes the grant, conveyance, and mortgage set forth in Section 1.1 above, and grants the security interest set forth in Section 3 below of this Deed of Trust for the purpose of securing the following obligations (the “Secured Obligations”) in any order of priority that Mortgagee Beneficiary may choose: (i) Payment of all obligations at any time owing under one or more Revolving Credit Notes (A) the various promissory notes (as amended, restated and/or modified from time to time, collectively the “Note”) dated as of June 30December 17, 20112010, payable by TNP SRT Secured Holdings, LLC, a Delaware limited liability company, TNP SRT Xxxxxx Marketplace, LLC, a Delaware limited liability company, TNP SRT Xxxxx Promenade, LLC, a Delaware limited liability company, TNP SRT Northgate Plaza Tucson, LLC, a Delaware limited liability company, and TNP SRT Pinehurst East, LLC, a Delaware limited liability company (collectively “Original Borrower, ”) and Grantor (as may be later amended to include other Borrowers) as maker in the stated aggregate maximum principal amount of SeventyThirty-One Five Million Five Hundred Thousand and No/100 Dollars ($71,500,000.00) 35,000,000), as temporarily increased to $45,000,000, as may be later increased up to $150,000,000 to the order of the Lenders, (B) that certain Intercompany Note of the Mortgagor dated as of the date hereof payable to Borrower and assigned to Agent, (C) those certain Intercompany Notes of the other Subsidiary Guarantors from time to time, as maker(s), payable to Borrower and assigned to Agent (together with the Note, the “Notes”), and (D) the Subsidiary Guaranty; (ii) Payment and performance of all Guaranteed Obligations (as defined in the Subsidiary Guaranty)obligations of Grantor under this Deed of Trust; (iii) Payment and performance of all obligations of Mortgagor Original Borrower and any other Borrowers (collectively “Borrowers”), under this Mortgagea Revolving Credit Agreement dated as of December 17, 2010 among Original Borrower, Grantor, Beneficiary and Lenders, as amended by that certain Joinder Agreement and that certain Omnibus Amendment and Reaffirmation of Loan Documents dated as of March 30, 2011, that certain Letter Agreement dated as of March 31, 2011, that certain Joinder Agreement and that certain Second Omnibus Amendment and Reaffirmation of Loan Documents dated as of May 20, 2011, that certain Joinder Agreement and that certain Third Omnibus Amendment and Reaffirmation of Loan Documents dated as of May 26, 2011, those certain Letter Agreements dated as of June 30, 2011, August 23, 2011 and August 25, 2011, that certain Joinder Agreement and that certain Fourth Omnibus Amendment and Reaffirmation of Loan Documents of even date herewith (as amended, restated and/or modified from time to time, the “Loan Agreement”); (iv) Payment and performance of all any obligations of Original Borrower and any other Borrower under any Loan Documents (except the Credit Agreement Environmental Indemnity Agreements and the other Loan DocumentsGuaranty, which shall remain unsecured), which are executed by any Borrower (including Grantor); (v) Payment and performance of any all obligations of Mortgagor Original Borrower and the any other Loan Parties (including each other Subsidiary Guarantor) under the other Loan DocumentsBorrower arising from any Interest Rate Agreement; (vi) Payment and performance of all future loans, advances and other obligations that Mortgagor or any successor in ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of MortgageeBeneficiary, when a writing evidences the parties’ agreement that the advance or obligation be secured by this Mortgage; andDeed of Trust. (vii) Payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, of any of the Secured Obligations. Notwithstanding any other provision of this Deed of Trust or the other Loan Documents to the contrary, this Deed of Trust does not secure any of the obligations of Grantor under the Environmental Indemnity for the Property, it being the intent and agreement of the parties that the obligations of Grantor under the Environmental Indemnity for each of the San Jacinto Property, the Xxxxxx Property, the Xxxxx Property, the Pinehurst Property and the Property be and remain unsecured by any interest in the Property. It is the intent of the parties that the Property shall secure all of the Secured Obligations presently or hereafter owed, and that the priority of the lien created by this Deed of Trust for all such Secured Obligations shall be as of the time of recording of this Deed of Trust. In addition, this Deed of Trust shall also secure the unpaid balances of all future advances (i) made by Beneficiary and Lenders as further advances of loan proceeds under the Loan Agreement, (ii) made by Beneficiary and Lenders with respect to the Property for the payment of taxes, assessments, insurance premiums, costs or any other advances incurred for the protection of the Property, and/or (ii) otherwise made by Beneficiary and Lenders as contemplated by this Deed of Trust or any of the other Loan Documents, together with interest thereon until paid at the Default Rate, all as contemplated in this Deed of Trust and the other Loan Documents, all of which shall constitute a part of the Secured Obligations. THIS SECTION SHALL SERVE AS NOTICE TO ALL PERSONS WHO MAY SEEK OR OBTAIN A LIEN ON THE PROPERTY SUBSEQUENT TO THE DATE OF RECORDING OF THIS DEED OF TRUST, THAT UNTIL THIS DEED OF TRUST IS RELEASED, ANY DEBT OWED BENEFICIARY BY ORIGINAL BORROWER OR ANY OTHER BORROWER, INCLUDING ADVANCES MADE SUBSEQUENT TO THE RECORDING OF THIS DEED OF TRUST, SHALL BE SECURED WITH THE PRIORITY AFFORDED THIS DEED OF TRUST AS AND WHEN RECORDED. (b) All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such terms include any provisions in the Notes Note or the Credit Loan Agreement which permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time.

Secured Obligations. (a) Mortgagor makes the grant, conveyance, and mortgage set forth in Section 1.1 above, and grants the security interest set forth in Section 3 below for the purpose of securing the following obligations (the “Secured Obligations”) in any order of priority that Mortgagee may choose: (i) Payment of all obligations at any time owing under (A) the various one or more promissory notes (the “NoteNotes”) dated as of June 30, 2011bearing even date herewith, payable by Borrower, Borrowers as maker in the aggregate principal amount of Seventy-One Thirty Million Five Hundred Thousand and No/100 Dollars ($71,500,000.0030,000,000.00) to the order of Lenders, (B) that certain Intercompany Note of the Mortgagor dated as of the date hereof payable to Borrower and assigned to Agent, (C) those certain Intercompany Notes of the other Subsidiary Guarantors from time to time, as maker(s), payable to Borrower and assigned to Agent (together with the Note, the “Notes”), and (D) the Subsidiary Guaranty;each Lender; and (ii) Payment and performance of all Guaranteed Obligations (as defined in the Subsidiary Guaranty); (iii) Payment and performance of all obligations of Mortgagor under this Mortgage;; and (iii) Payment and performance of all obligations of Borrowers under a Secured Loan Agreement bearing even date herewith among Mortgagor, the other Borrowers, Mortgagee and the Lenders (the “Loan Agreement”); and (iv) Payment and performance of all any obligations of Borrower Borrowers under the Credit Agreement and the other any Loan Documents;Documents which are executed by Borrowers or any one of them; and (v) Payment and performance of any obligations of Mortgagor and the other Loan Parties (including each other Subsidiary Guarantor) under the other Loan Documents; (vi) Payment and performance of all future advances and other obligations that Mortgagor or any successor in ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Mortgageethe Lenders, when a writing evidences the parties’ agreement that the advance or obligation be secured by this Mortgage; and (viivi) Payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, of any of the Secured Obligations. (b) All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such terms include any provisions in the Notes Note or the Credit Loan Agreement which permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time.

Secured Obligations. (a) Mortgagor makes the grant, conveyance, and mortgage set forth in Section 1.1 above, and grants the security interest set forth in Section 3 below for the purpose of securing the following obligations (the “"Secured Obligations”") in any order of priority that Mortgagee may choose: (i) Payment of all obligations at any time owing under the promissory note (Acollectively with any other promissory note executed by Mortgagor in favor of Mortgagee, as may be amended from time to time, the "Notes") the various promissory notes (the “Note”) dated as of June 30, 2011bearing even date herewith, payable by Borrower, Mortgagor as maker in the aggregate stated principal amount of Seventy-One Million Five Hundred Thousand and No/100 Dollars ($71,500,000.00) 2,680,000.00 to the order of Lenders, (B) that certain Intercompany Note of the Mortgagor dated as of the date hereof payable to Borrower and assigned to Agent, (C) those certain Intercompany Notes of the other Subsidiary Guarantors from time to time, as maker(s), payable to Borrower and assigned to Agent (together with the Note, the “Notes”), and (D) the Subsidiary Guaranty;Mortgagee; and (ii) Payment and performance of all Guaranteed Obligations (obligations of Mortgagor under this Mortgage, as defined in the Subsidiary Guaranty);may be amended from time to time; and (iii) Payment and performance of all obligations of Mortgagor under this Mortgage;a Loan Agreement bearing even date herewith between Mortgagor as "Borrower" and Mortgagee as "Bank" (as may be amended from time to time, the "Loan Agreement"); and (iv) Payment and performance of all obligations of Borrower under the Credit Agreement and the other Loan Documents; (v) Payment and performance of any obligations of Mortgagor and the other under any Loan Parties (including each other Subsidiary Guarantor) under the other Loan Documents;Documents which are executed by Mortgagor; and (viv) Payment and performance of all future advances and other obligations that Mortgagor or any successor in ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Mortgagee, when a writing evidences the parties’ ' agreement that the advance or obligation be secured by this Mortgage; and (viivi) Payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, of any of the Secured Obligations. (b) All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such terms include any provisions in the Notes Note or the Credit Loan Agreement which permit borrowing, repayment borrowing and reborrowingrepayment, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time. (c) Some of the Secured Obligations may bear interest at a variable rate.

Secured Obligations. (a) Mortgagor makes the grant, conveyance, and mortgage set forth in Section 1.1 above, and grants the security interest set forth in Section 3 below This Mortgage is made for the purpose of securing the following obligations (the “"Secured Obligations”") in any order of priority that Mortgagee may choose: (ia) Payment of all obligations at any time owing under (A) the various promissory notes a Promissory Note (the “"Note”") dated as of June 30, 2011even date herewith, payable by Borrower, Mortgagor as maker in the aggregate stated principal amount of Seventy-One Ninety Million Five Hundred Thousand and No/100 Dollars ($71,500,000.0090,000,000.00) to the order of LendersMortgagee, (B) that certain Intercompany which Note of the Mortgagor dated as of the date hereof matures and is due and payable to Borrower and assigned to Agentin full not later than July 1, (C) those certain Intercompany Notes of the other Subsidiary Guarantors from time to time, as maker(s), payable to Borrower and assigned to Agent (together with the Note, the “Notes”), and (D) the Subsidiary Guaranty;2009; and (iib) Payment and performance of all Guaranteed Obligations obligations of Mortgagor under a Loan Agreement of even date herewith between Mortgagor, as borrower, and Mortgagee, as lender (as defined in the Subsidiary Guaranty"Loan Agreement");; and (iiic) Payment and performance of all obligations of Mortgagor under this Mortgage;; and (iv) Payment and performance of all obligations of Borrower under the Credit Agreement and the other Loan Documents; (vd) Payment and performance of any obligations of Mortgagor and under any Loan Documents (as defined in the other Loan Parties (Agreement) which are executed by Mortgagor, including each other Subsidiary Guarantor) under without limitation the other Loan Documents;Environmental Indemnity; and (vie) Payment and performance of all future advances and other obligations that Mortgagor or any successor in ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Mortgagee, when a writing evidences the parties’ ' agreement that the advance or obligation be secured by this Mortgage; and (viif) Payment and performance of all modifications, amendments, extensions, extensions and renewals, however evidenced, of any of the Secured Obligations. (b) . All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such These terms include any provisions in the Notes Note or the Credit Loan Agreement which permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time.

Secured Obligations. (a) Mortgagor Trustor makes the grant, conveyance, transfer and mortgage assignment set forth in Section 1.1 above1.1, makes the irrevocable and absolute assignment set forth in Section 2 and grants the security interest set forth in Section 3 below 3, all for the purpose of securing the following obligations (the “Secured Obligations”) in any order of priority that Mortgagee Beneficiary may choose:choose (collectively, the “Secured Obligations;” individually, a “Secured Obligation”): (ia) Payment payment of all obligations at any time owing under (A) the various a promissory notes note (the “Note”) dated as of June 30, 2011even date herewith, payable by Borrower, Trustor as maker in the aggregate stated principal amount of Seventy-One Twenty Million Five Hundred Thousand and No/100 No/100ths Dollars ($71,500,000.0020,000,000.00) to the order of Lenders, (B) that certain Intercompany Note of the Mortgagor dated as of the date hereof payable to Borrower and assigned to Agent, (C) those certain Intercompany Notes of the other Subsidiary Guarantors from time to time, as maker(s), payable to Borrower and assigned to Agent (together with the Note, the “Notes”), and (D) the Subsidiary Guaranty;Beneficiary; and (iib) Payment and performance of all Guaranteed Obligations (as defined in the Subsidiary Guaranty); (iii) Payment payment and performance of all obligations of Mortgagor Trustor under this Mortgage;Deed of Trust; and (ivc) Payment payment and performance of all obligations of Borrower Trustor under the Credit that certain Standing Loan Agreement and Swap Commitment executed as of even date herewith, by Trustor as “Borrower” and Beneficiary as “Bank” (the other “Loan Agreement”) and under any “Loan Documents;” as defined in the Loan Agreement; provided that this Deed of Trust does not secure any provision in any Loan Document that is expressly stated to be unsecured; and (vd) Payment payment and performance of any all obligations of Mortgagor and Trustor under any Swap Contract (as defined in Section 3.1 below). Notwithstanding the foregoing, no Swap Contract shall be secured by this Deed of Trust unless an ISDA Master Agreement (as defined in the Loan Agreement), confirmation or other Loan Parties (including each other Subsidiary Guarantor) under writing evidences the other Loan Documents;parties’ agreement that it shall be so secured. (vie) Payment payment and performance of all future advances and other obligations that Mortgagor Trustor or any successor in ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of MortgageeBeneficiary, when a writing evidences the parties’ agreement that the advance or obligation be secured by this MortgageDeed of Trust; and (viif) Payment payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, of any of the Secured Obligations. (b) . All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound bytake title subject to, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such These terms include any provisions in the Notes Note, the Loan Agreement or the Credit Agreement any Swap Contract which permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time.

Secured Obligations. (a) Mortgagor Grantor makes the grant, conveyance, and mortgage set forth in Section 1.1 above, and grants the security interest set forth in Section 3 below of this Deed of Trust for the purpose of securing the following obligations (the “Secured Obligations”) in any order of priority that Mortgagee Beneficiary may choose: (i) Payment of all obligations at any time owing under one or more Revolving Credit Notes (A) the various promissory notes (as amended, restated and/or modified from time to time, collectively the “Note”) dated as of June 30December 17, 20112010, payable by TNP SRT Secured Holdings, LLC, a Delaware limited liability company, TNP SRT San Jacinto, LLC, a Delaware limited liability company, TNP SRT Xxxxxx Marketplace, LLC, a Delaware limited liability company, TNP SRT Xxxxx Promenade, LLC, a Delaware limited liability company (collectively, “Original Borrower, ”) and Grantor (as may be later amended to include other Borrowers) as maker in the stated aggregate maximum principal amount of SeventyThirty-One Five Million Five Hundred Thousand and No/100 Dollars ($71,500,000.00) 35,000,000), as may be later increased up to $150,000,000 to the order of the Lenders, (B) that certain Intercompany Note of the Mortgagor dated as of the date hereof payable to Borrower and assigned to Agent, (C) those certain Intercompany Notes of the other Subsidiary Guarantors from time to time, as maker(s), payable to Borrower and assigned to Agent (together with the Note, the “Notes”), and (D) the Subsidiary Guaranty; (ii) Payment and performance of all Guaranteed Obligations (as defined in the Subsidiary Guaranty)obligations of Grantor under this Deed of Trust; (iii) Payment and performance of all obligations of Mortgagor Original Borrower and any other Borrowers (collectively “Borrowers”) under this Mortgagea Revolving Credit Agreement dated as of December 17, 2010 among Original Borrower, Beneficiary and Lenders, as amended by that certain Joinder Agreement and that certain First Omnibus Amendment and Reaffirmation of Loan Documents each dated as of March 30, 2011, as further amended by that certain Letter Agreement dated as of March 31, 2011, and as further amended by that certain Joinder Agreement of even date herewith pursuant to which Grantor joined as a Borrower to the Loan Documents, as further amended by that Second Omnibus Amendment and Reaffirmation of Loan Documents of even date herewith (as may be further amended, restated and/or modified from time to time, the “Loan Agreement”); (iv) Payment and performance of all any obligations of Original Borrower and any other Borrower under any Loan Documents (except the Credit Environmental Indemnity Agreement and the Guaranty which shall remain unsecured), which are executed by Original Borrower and/or any other Loan DocumentsBorrower (including Grantor); (v) Payment and performance of any all obligations of Mortgagor Original Borrower and the any other Loan Parties (including each other Subsidiary Guarantor) under the other Loan DocumentsBorrower arising from any Hedging Agreement; (vi) Payment and performance of all future advances and other obligations that Mortgagor any Borrower or any successor in ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of MortgageeBeneficiary, when a writing evidences the parties’ agreement that the advance or obligation be secured by this MortgageDeed of Trust. The maximum principal amount to be secured hereby is $150,000,000; and (vii) Payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, of any of the Secured Obligations. Notwithstanding any other provision of this Deed of Trust or the other Loan Documents to the contrary, this Deed of Trust does not secure any of the obligations of Grantor under the Environmental Indemnity for each of the San Jacinto Property, the Xxxxxx Property, the Xxxxx Property and the Mortgaged Property, it being the intent and agreement of the parties that the obligations of Grantor under the such Environmental Indemnities be and remain unsecured by any interest in the Property. It is the intent of the parties that the Property shall secure all of the Secured Obligations presently or hereafter owed, and that the priority of the lien created by this Deed of Trust for all such Secured Obligations shall be as of the time of recording of this Deed of Trust. In addition, this Deed of Trust shall also secure the unpaid balances of all future advances (i) made by Beneficiary and Lenders as further advances of loan proceeds under the Loan Agreement, (ii) made by Beneficiary and Lenders with respect to the Property for the payment of taxes, assessments, insurance premiums, costs or any other advances incurred for the protection of the Property, and/or (ii) otherwise made by Beneficiary and Lenders as contemplated by this Deed of Trust or any of the other Loan Documents, together with interest thereon until paid at the Default Rate, all as contemplated in this Deed of Trust and the other Loan Documents, all of which shall constitute a part of the Secured Obligations. THIS SECTION SHALL SERVE AS NOTICE TO ALL PERSONS WHO MAY SEEK OR OBTAIN A LIEN ON THE TRUST ESTATE SUBSEQUENT TO THE DATE OF RECORDING OF THIS DEED OF TRUST, THAT UNTIL THIS DEED OF TRUST IS RELEASED, ANY DEBT OWED BENEFICIARY BY ORIGINAL BORROWER OR ANY OTHER BORROWER, INCLUDING ADVANCES MADE SUBSEQUENT TO THE RECORDING OF THIS DEED OF TRUST, SHALL BE SECURED WITH THE PRIORITY AFFORDED THIS DEED OF TRUST AS AND WHEN RECORDED. (b) All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such terms include any provisions in the Notes Note or the Credit Loan Agreement which permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time.

Secured Obligations. (a) Mortgagor makes the grant, conveyance, and mortgage set forth in Section 1.1 above, and grants the security interest set forth in Section 3 below for the purpose of securing the following obligations (the “Secured Obligations”) in any order of priority that Mortgagee may choose: (i) Payment of all obligations at any time owing under (A) the various a promissory notes note (the “Note”) dated as of June 30, 2011bearing even date herewith, payable by Borrower, Mortgagor as maker in the aggregate stated principal amount of SeventyTwenty-One Seven Million Five Hundred Thousand and No/100 Dollars ($71,500,000.0027,500,000.00) to the order of Lenders, (B) that certain Intercompany Note of the Mortgagor dated as of the date hereof payable to Borrower and assigned to Agent, (C) those certain Intercompany Notes of the other Subsidiary Guarantors from time to time, as maker(s), payable to Borrower and assigned to Agent (together with the Note, the “Notes”), and (D) the Subsidiary Guaranty;Mortgagee; and (ii) Payment and performance of all Guaranteed Obligations (as defined in the Subsidiary Guaranty);obligations of Mortgagor under this Mortgage; and (iii) Payment and performance of all obligations of Mortgagor under this Mortgage;a Construction Loan Agreement bearing even date herewith between Mortgagor as “Borrower” and Mortgagee as “Lender” (the “Loan Agreement”); and (iv) Payment and performance of all obligations of Borrower under the Credit Agreement and the other Loan Documents; (v) Payment and performance of any obligations of Mortgagor under any Loan Documents which are executed by Mortgagor; and (v) Payment and the other Loan Parties (including each other Subsidiary Guarantor) under the other Loan Documents;performance of all obligations of Mortgagor arising from any Interest Rate Agreements; and (vi) Payment and performance of all future advances and other obligations that Mortgagor or any successor in ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Mortgagee, when a writing evidences the parties’ agreement that the advance or obligation be secured by this Mortgage; and (vii) Payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, of any of the Secured Obligations. (b) All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such terms include any provisions in the Notes Note or the Credit Loan Agreement which permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time.

Secured Obligations. (a) 1.2.1 Mortgagor makes the mortgage, grant, bargain, conveyance, sale, transfer and mortgage assignment set forth in Section 1.1 above, and grants the security interest set forth in Section Article 3 below for the purpose of securing the following obligations (collectively, the “"Secured Obligations”") in any order of priority that Mortgagee may choose: (ia) Payment of all obligations at any time owing under (A) the various promissory notes (the “Note”) dated Except as of June 30, 2011, payable by Borrower, as maker specified in the aggregate principal amount of Seventy-One Million Five Hundred Thousand and No/100 Dollars ($71,500,000.00) to the order of Lenders, (B) that certain Intercompany Note of the Mortgagor dated as of the date hereof payable to Borrower and assigned to Agent, (C) those certain Intercompany Notes of the other Subsidiary Guarantors from time to time, as maker(s), payable to Borrower and assigned to Agent (together with the NoteSection 1.2.2 below, the “Notes”), and (D) the Subsidiary Guaranty; (ii) Payment payment and performance of all Guaranteed Obligations of Mortgagor, including the payment and performance of all Obligations under the Loan Agreement, including, but not limited to the following: (as defined i) payment of all amounts owing by Mortgagor under the Notes, including principal in the Subsidiary Guaranty); aggregate amount of up to the Commitment (which is initially $230,000,000 and which may be increased pursuant to Section 2.7 of the Loan Agreement to $250,000,000) and interest thereon; (ii) payment of all amounts owing by Mortgagor under Section 2.4(d) of the Loan Agreement for reimbursement of draws, and all amounts owing by Mortgagor under Section 9.2(a)(2) of the Loan Agreement for payment of cash collateral for the undrawn amounts, under the Letters of Credit in the Aggregate Effective Amount of up to $20,000,000, and interest thereon; (iii) Payment payment of all amounts owing by Mortgagor under any and all Secured Swap Agreements; (iv) payment of all fees, charges, costs and other amounts owing by Mortgagor under the Loan Documents, including the agency fees described in Section 3.6 of the Loan Agreement; and (vi) payment and performance of all obligations of Mortgagor under this Mortgage;; and (ivb) Payment and performance of all obligations of Borrower under the Credit Agreement and the other Loan Documents; (v) Payment and performance of any obligations of Mortgagor and the other Loan Parties (including each other Subsidiary Guarantor) under the other Loan Documents; (vi) Payment The payment and performance of all future advances and other obligations that Mortgagor or any successor in ownership of all or part of the Property other person may agree owe to pay Mortgagee and/or perform any Lenders (whether as principal, surety or guarantor) for the benefit of Mortgagee), when a writing evidences the parties’ Mortgagor's and Mortgagee's agreement that the advance such advances or obligation obligations be secured by this Mortgage; and (viic) Payment The payment and performance of all modifications, amendments, extensions, extensions and renewals, however evidenced, of any of the Secured ObligationsObligations described in clause (a) or (b), above. 1.2.2 Notwithstanding any provision of this Mortgage or any other Loan Document, the obligations and liability of Mortgagor under Sections 4.18, 5.10, and/or 11.22 of the Loan Agreement (band/or under any separate agreement relating to Hazardous Materials which states that it is not secured by real property) are not and shall not be Secured Obligations under this Mortgage. 1.2.3 All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such terms include any provisions in the Notes or Loan Agreement and the Credit Agreement other Loan Documents which either permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time.

Secured Obligations. (a) Mortgagor Trustor makes the grant, conveyance, transfer and mortgage assignment set forth in Section 1.1 above, and grants the security interest set forth in Section 3 below for the purpose of securing 1 above FOR THE PURPOSE OF SECURING the following obligations (collectively, the “Secured Obligations”) in any such order of priority that Mortgagee as Beneficiary may chooseelect: (i) 2.1 Payment of all One Million Seven Hundred Fifty Thousand Dollars ($1,750,000) in principal amount of the payment obligations at any time owing (the “Principal Sum”) and the performance of all non-monetary obligations of Trustor arising under (A) the various promissory notes (the “Note”) that certain Seventh Amended and Restated Credit Agreement, dated as of June 30October 31, 20112018 (as the same may be amended, payable by Borrower, as maker in the aggregate principal amount of Seventy-One Million Five Hundred Thousand and No/100 Dollars ($71,500,000.00) to the order of Lenders, (B) that certain Intercompany Note of the Mortgagor dated as of the date hereof payable to Borrower and assigned to Agent, (C) those certain Intercompany Notes of the other Subsidiary Guarantors modified or supplemented from time to time, as maker(sthe “Credit Agreement”), payable by and among Trustor and certain of its affiliates named therein as “Borrowers”, the financial institutions that, from time to Borrower and assigned to Agent time, are parties thereto as “Lenders” (together with the Notecollectively, the “NotesLenders”), and Beneficiary, as agent for the Lenders (Din such capacity, “Agent”), (B) each of the Subsidiary Guaranty; (ii) Payment Notes and performance of all Guaranteed Obligations other Credit Documents (as such terms are defined in the Subsidiary GuarantyCredit Agreement), and (C) any and all modifications, replacements, extensions and renewals thereof (collectively, the “Debt Instrument”), whether hereafter evidenced by the Debt Instrument or otherwise; (iii) 2.2 Payment and performance of interest on such Principal Sum according to the terms of the Debt Instrument; 2.3 Payment of all obligations other sums, including late charges and any attorney’s fees and other advances made by Beneficiary hereunder as hereinafter provided, with interest thereon as hereinafter provided, which are due or payable to Trustee or Beneficiary under the provisions hereof and are attributable to the collection of Mortgagor under this Mortgagethe Principal Sum or other amounts secured hereunder; (iv) Payment 2.4 Due, prompt and complete observance, performance and discharge of all obligations each and every non-monetary obligation, covenant and agreement of Borrower under the Credit Agreement and the other Loan DocumentsTrustor contained herein; 2.5 Payment of such additional sums as may be hereafter borrowed from the Lenders by Trustor (vor guaranteed by Trustor) Payment and performance which are allowed under Section 15.03 of the Sublease when evidenced by a debt instrument or instruments (or guaranty or guaranties, as the case may be) which are by the terms thereof (or by the terms of any other instrument executed by Trustor in connection therewith) secured by this Deed of Trust, together with interest and late charges thereon according to the terms of such debt instrument or instruments; and 2.6 Performance of such future obligations of Mortgagor and the other Loan Parties (including each other Subsidiary Guarantor) under the other Loan Documents; (vi) Payment and performance of all future advances and other obligations that Mortgagor or any successor in ownership of all or part of the Property which Trustor may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of MortgageeBeneficiary when Trustor executes a document or documents reciting that such obligations are secured hereby. This Deed of Trust, when a writing evidences the parties’ agreement that Debt Instrument and all other instruments and agreements given to evidence or further secure the advance or obligation be secured by this Mortgage; and (vii) Payment payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, of any of the Secured Obligationsobligations secured hereby are hereinafter sometimes collectively referred to as the “Loan Documents”. (b) All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such terms include any provisions in the Notes or the Credit Agreement which permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time.

Secured Obligations. Without limiting any of the provisions thereof, the Security Instruments shall secure: (a) Mortgagor makes The full and timely payment of the grantindebtednesses evidenced by the Note, conveyancetogether with interest thereon, and mortgage set forth any extensions, modifications and/or renewals thereof and any notes given in Section 1.1 above, and grants the security interest set forth in Section 3 below for the purpose of securing the following obligations (the “Secured Obligations”) in any order of priority that Mortgagee may choose:payment thereof, (ib) Payment The full and prompt performance of all of the obligations at any time owing of Borrower to Lender under the Loan Documents, (Ac) the various promissory notes (the “Note”) dated as The full and prompt payment of June 30, 2011, payable by Borrower, as maker in the aggregate principal amount all expenses and costs of Seventy-One Million Five Hundred Thousand and No/100 Dollars ($71,500,000.00) whatever kind incident to the order of Lenders, (B) that certain Intercompany Note collection of the Mortgagor dated as of the date hereof payable to Borrower and assigned to Agent, (C) those certain Intercompany Notes of the other Subsidiary Guarantors from time to time, as maker(s), payable to Borrower and assigned to Agent (together with indebtednesses evidenced by the Note, the “Notes”)perfection, enforcement or protection of the security interests of the Security Instruments or the exercise by Lender of any rights or remedies of Lender with respect to the indebtednesses evidenced by the Note, including but not limited to reasonable attorney's fees and (D) the Subsidiary Guaranty;expenses incurred by Lender, all of which Borrower agrees to pay to Lender upon demand, (iid) Payment The full and performance prompt payment of all Guaranteed Obligations (as defined in the Subsidiary Guaranty); (iii) Payment indebtednesses and performance of all obligations of Mortgagor under this Mortgage; (iv) Payment and performance of all obligations of Borrower under the Credit Agreement and the other Loan Documents; (v) Payment and performance of any obligations of Mortgagor and the other Loan Parties (including each other Subsidiary Guarantor) under the other Loan Documents; (vi) Payment and performance of all future advances and other obligations that Mortgagor or any successor in ownership of all or part of the Property may agree Guarantors to pay Lender evidenced and/or perform (whether as principal, surety or guarantor) for the benefit of Mortgagee, when a writing evidences the parties’ agreement that the advance or obligation be secured by this Mortgage; and (viii) Payment that certain Loan Agreement of even date herewith, by and performance of all modificationsamong Lender, amendmentsBorrower and Guarantors, extensions, and renewals, however evidenced, of any of the Secured Obligations. (b) All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each that certain term loan from Lender to European Micro in the original principal amount of $1,500,000, and (ii) that certain Loan and Security Agreement of even date herewith, by and among Lender, Borrower and Guarantors, entered into in connection with that certain line of credit from Lender to Nor'easter, in the maximum principal amount of $1,500,000, together with any and all renewals, amendments and modifications thereof; and (e) The full and prompt payment and performance of any and all other indebtednesses and other obligations of Borrower or either Guarantor to Lender, direct or contingent (including but not limited to obligations incurred as indorser, guarantor or surety), however evidenced or denominated, and however and whenever incurred, including but not limited to indebtednesses incurred pursuant to any present or future commitment of Lender to Borrower or either Guarantor, together with interest thereon, and any extensions, modifications and/or renewals thereof and any notes given in payment thereof. All of the foregoing indebtedness and other obligations are herein collectively referred to as the "Secured Obligations. Such terms include any provisions in the Notes or the Credit Agreement which permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time".

Secured Obligations. This Mortgage is executed and delivered by Mortgagor to secure the payment and performance of the obligations (collectively, the "Secured Obligations") described below: (a) Any and all indebtedness, obligations and liabilities of Mortgagor makes the grant, conveyance, and mortgage set forth now or hereafter existing under or in Section 1.1 above, and grants the security interest set forth in Section 3 below for the purpose of securing the following obligations (the “Secured Obligations”) in any order of priority that Mortgagee may choose: (i) Payment of all obligations at any time owing under (A) the various promissory notes (the “Note”) dated as of June 30, 2011, payable by Borrower, as maker in the aggregate principal amount of Seventy-One Million Five Hundred Thousand and No/100 Dollars ($71,500,000.00) to the order of Lenders, (B) that certain Intercompany Note respect of the Mortgagor dated as Note Guarantee, including, without limitation, payment of the date hereof payable to Borrower principal, premium, if any, interest and assigned to Agent, (C) those certain Intercompany Notes of the other Subsidiary Guarantors from time to time, as maker(s), payable to Borrower and assigned to Agent (together with the Note, the “Notes”), and (D) the Subsidiary Guaranty; (ii) Payment and performance of all Guaranteed Obligations Liquidated Damages (as defined in the Subsidiary GuarantyIndenture), if any when due and payable, and all other amounts due or to become due under or in connection with the Indenture (including, without limitation, all sums due to the Note Trustee pursuant to Section 606 thereof), the Notes and the performance of all other obligations to the Note Trustee and the (b) Any and all indebtedness, obligations and liabilities of Mortgagor now or hereafter existing under or in respect of the Term Loan Guarantee, including, without limitation, payment of principal, premium, if any, and interest when due and payable, and all other amounts due or to become due under or in connection with the Term Loan Agreement (including, without limitation, all sums due to the Term Loan Agent pursuant to Sections 10.3 and 10.4 thereof) and the Term Loan Notes and the performance of all other obligations to the Term Loan Agent and the Term Loan Lenders under the Term Loan Agreement and the Term Loan Notes according to the terms thereof (collectively, the "Term Loan Obligation"); (iiic) Payment Any sums which may be advanced or paid by Mortgagee under the terms hereof on account of the failure of Mortgagor to comply with the covenants of Mortgagor contained herein; (d) All covenants, agreements, and performance of all obligations of Mortgagor under this Mortgage;herein contained; and (ive) Payment All renewals, rearrangements, increases, substitutions and performance extensions, and all amendments, supplements and modifications, to any of all the obligations of Borrower under described in the Credit Agreement and the other Loan Documents; preceding clauses (va) Payment and performance of any obligations of Mortgagor and the other Loan Parties through (including each other Subsidiary Guarantor) under the other Loan Documents; (vi) Payment and performance of d). This Mortgage secures all future advances and other obligations that Mortgagor or any successor in ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Mortgagee, when a writing evidences the parties’ agreement that the advance or obligation be secured by this Mortgage; and (vii) Payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, of any of the constituting Secured Obligations. (b) All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms . The maximum amount of the Secured Obligations that may be outstanding at any time and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such terms include any provisions in the Notes or the Credit Agreement which permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to timetime that this Mortgage (including the Assignment of Leases, Rents, Issues and Profits under Section V) secures is fixed at $375,000,000, and the maximum amount which Mortgagee or the Secured Parties may claim for damages that Mortgagee or the Secured Parties may suffer from a breach of any obligation, covenant, agreement, term or condition secured by this Mortgage (other than for the payment of money) is fixed at $375,000,000.

Secured Obligations. (a) Mortgagor makes the grant, conveyance, and mortgage set forth in Section 1.1 above, and grants the security interest set forth in Section 3 below of this Mortgage for the purpose of securing the following obligations (the “Secured Obligations”) in any order of priority that Mortgagee may choose: (i) Payment of all obligations at any time owing under one or more Revolving Credit Notes (A) the various promissory notes (as amended, restated and/or modified from time to time, collectively the “Note”) dated as of June December 17, 2010, payable by TNP SRT Secured Holdings, LLC, a Delaware limited liability company, TNP SRT San Jacinto, LLC, a Delaware limited liability company, TNP SRT Xxxxxx Marketplace, LLC, a Delaware limited liability company, TNP SRT Xxxxx Promenade, LLC, a Delaware limited liability company (pursuant to that certain Joinder Agreement dated as of March 30, 2011), payable by TNP SRT Northgate Plaza Tucson, LLC, a Delaware limited liability company (pursuant to that certain Joinder Agreement dated as of May 20, 2011) (collectively, “Original Borrower, ”) and Mortgagor (as may be later amended to include other Borrowers) as maker in the stated aggregate maximum principal amount of SeventyThirty-One Five Million Five Hundred Thousand and No/100 Dollars ($71,500,000.0035,000,000), as increased to Thirty-Eight Million Dollars ($38,000,000) of the date hereof, as may be later increased up to $150,000,000 to the order of the Lenders, (B) that certain Intercompany Note of the Mortgagor dated as of the date hereof payable to Borrower and assigned to Agent, (C) those certain Intercompany Notes of the other Subsidiary Guarantors from time to time, as maker(s), payable to Borrower and assigned to Agent (together with the Note, the “Notes”), and (D) the Subsidiary Guaranty; (ii) Payment and performance of all Guaranteed Obligations (as defined in the Subsidiary Guaranty); (iii) Payment and performance of all obligations of Mortgagor under this Mortgage; (iviii) Payment and performance of all obligations of Original Borrower and any other Borrowers (collectively “Borrowers”) under a Revolving Credit Agreement dated as of December 17, 2010 among Original Borrower, Mortgagee and Lenders, as amended by that certain Joinder Agreement dated as of March 30, 2011, that certain First Omnibus Amendment and Reaffirmation of Loan Documents dated as of March 30, 2011, that certain Letter Agreement dated as of March 31, 2011, that certain Joinder Agreement dated as of May 20, 2011, that Second Omnibus Amendment and Reaffirmation of Loan Documents dated as of May 20, 2011, that certain Joinder Agreement of even date herewith pursuant to which Mortgagor joined as a Borrower to the Loan Documents, and that Third Omnibus Amendment and Reaffirmation of Loan Documents of even date herewith (as may be further amended, restated and/or modified from time to time, the “Loan Agreement”); (iv) Payment and performance of any obligations of Original Borrower and any other Borrower under any Loan Documents (except the Credit Agreement Environmental Indemnity Agreements and the Guaranty which shall remain unsecured), which are executed by Original Borrower and/or any other Loan DocumentsBorrower (including Mortgagor); (v) Payment and performance of any all obligations of Mortgagor Original Borrower and the any other Loan Parties (including each other Subsidiary Guarantor) under the other Loan DocumentsBorrower arising from any Hedging Agreement; (vi) Payment and performance of all future advances and other obligations that Mortgagor any Borrower or any successor in ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Mortgagee, when a writing evidences the parties’ agreement that the advance or obligation be secured by this Mortgage. The maximum principal amount to be secured hereby is $150,000,000; and (vii) Payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, of any of the Secured Obligations. Notwithstanding any other provision of this Mortgage or the other Loan Documents to the contrary, this Mortgage does not secure any of the obligations of Mortgagor under the Environmental Indemnity for each of the San Jacinto Property, the Xxxxxx Property, and the Xxxxx Property and the Property, it being the intent and agreement of the parties that the obligations of Mortgagor under such Environmental Indemnities be and remain unsecured by any interest in the Property. It is the intent of the parties that the Property shall secure all of the Secured Obligations presently or hereafter owed, and that the priority of the lien created by this Mortgage for all such Secured Obligations shall be as of the time of recording of this Mortgage. In addition, this Mortgage shall also secure the unpaid balances of all future advances (i) made by Mortgagee and Lenders as further advances of loan proceeds under the Loan Agreement, (ii) made by Mortgagee and Lenders with respect to the Property for the payment of taxes, assessments, insurance premiums, costs or any other advances incurred for the protection of the Property, and/or (ii) otherwise made by Mortgagee and Lenders as contemplated by this Mortgage or any of the other Loan Documents, together with interest thereon until paid at the Default Rate, all as contemplated in this Mortgage and the other Loan Documents, all of which shall constitute a part of the Secured Obligations. THIS SECTION SHALL SERVE AS NOTICE TO ALL PERSONS WHO MAY SEEK OR OBTAIN A LIEN ON THE PROPERTY SUBSEQUENT TO THE DATE OF RECORDING OF THIS MORTGAGE, THAT UNTIL THIS MORTGAGE IS RELEASED, ANY DEBT OWED MORTGAGEE BY ORIGINAL BORROWER OR ANY OTHER BORROWER, INCLUDING ADVANCES MADE SUBSEQUENT TO THE RECORDING OF THIS MORTGAGE, SHALL BE SECURED WITH THE PRIORITY AFFORDED THIS MORTGAGE AS AND WHEN RECORDED. (b) All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such terms include any provisions in the Notes Note or the Credit Loan Agreement which permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time.

Secured Obligations. (a) Mortgagor Grantor makes the grant, conveyance, and mortgage set forth in Section 1.1 above, and grants the security interest set forth in Section 3 below of this Deed of Trust for the purpose of securing the following obligations (the “Secured Obligations”) in any order of priority that Mortgagee Beneficiary may choose: (i) Payment of all obligations at any time owing under one or more Revolving Credit Notes (A) the various promissory notes (as amended, restated and/or modified from time to time, collectively the “Note”) dated as of June 30December 17, 20112010, payable by TNP SRT Secured Holdings, LLC, a Delaware limited liability company, Grantor and TNP SRT San Jacinto, LLC, a Delaware limited liability company (collectively “Original Borrower, ”) (as may be later amended to include other Borrowers) as maker in the stated aggregate maximum principal amount of SeventyThirty-One Five Million Five Hundred Thousand and No/100 Dollars ($71,500,000.00) 35,000,000), as may be later increased up to $150,000,000 to the order of Lenders, (B) that certain Intercompany Note of the Mortgagor dated as of the date hereof payable to Borrower and assigned to Agent, (C) those certain Intercompany Notes of the other Subsidiary Guarantors from time to time, as maker(s), payable to Borrower and assigned to Agent (together with the Note, the “Notes”), and (D) the Subsidiary GuarantyBeneficiary; (ii) Payment and performance of all Guaranteed Obligations (as defined in the Subsidiary Guaranty)obligations of Grantor under this Deed of Trust; (iii) Payment and performance of all obligations of Mortgagor Original Borrower and any other Borrowers (collectively “Borrowers”), Beneficiary, and the Lenders under this Mortgagea Revolving Credit Agreement dated as of December 17, 2010 (as amended, restated and/or modified from time to time, the “Loan Agreement”); (iv) Payment and performance of all any obligations of Original Borrower and any other Borrower under any Loan Documents (except the Credit Agreement Environmental Indemnity for the Property and the other Guaranty (each as defined in the Loan DocumentsAgreement), which shall remain unsecured), which are executed by Original Borrower (including Grantor); (v) Payment and performance of any all obligations of Mortgagor Original Borrower and the any other Loan Parties (including each other Subsidiary Guarantor) under the other Loan DocumentsBorrower arising from any Interest Rate Agreement; (vi) Payment and performance of all future loans, advances and other obligations that Mortgagor Original Borrower or any successor in ownership of all or part of the Property other Borrower may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of MortgageeBeneficiary, when a writing evidences the parties’ agreement that the advance or obligation be secured by this Mortgage; andDeed of Trust. (vii) Payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, of any of the Secured Obligations. Notwithstanding any other provision of this Deed of Trust or the other Loan Documents to the contrary, this Deed of Trust does not secure any of the obligations of Grantor under the San Jacinto Environmental Indemnity, it being the intent and agreement of the parties that the obligations of Grantor under the San Jacinto Environmental Indemnity be and remain unsecured by any interest in the Property. It is the intent of the parties that the Property shall secure all of the Secured Obligations presently or hereafter owed, and that the priority of the lien created by this Deed of Trust for all such Secured Obligations shall be as of the time of recording of this Deed of Trust. In addition, this Deed of Trust shall also secure the unpaid balances of all future advances (i) made by Beneficiary and Lenders as further advances of loan proceeds under the Loan Agreement, (ii) made by Beneficiary and Lenders with respect to the Property for the payment of taxes, assessments, insurance premiums, costs or any other advances incurred for the protection of the Property, and/or (ii) otherwise made by Beneficiary and Lenders as contemplated by this Deed of Trust or any of the other Loan Documents, together with interest thereon until paid at the Default Rate, all as contemplated in this Deed of Trust and the other Loan Documents, all of which shall constitute a part of the Secured Obligations. THIS SECTION SHALL SERVE AS NOTICE TO ALL PERSONS WHO MAY SEEK OR OBTAIN A LIEN ON THE TRUST ESTATE SUBSEQUENT TO THE DATE OF RECORDING OF THIS DEED OF TRUST, THAT UNTIL THIS DEED OF TRUST IS RELEASED, ANY DEBT OWED BENEFICIARY BY ORIGINAL BORROWER OR ANY OTHER BORROWER, INCLUDING ADVANCES MADE SUBSEQUENT TO THE RECORDING OF THIS DEED OF TRUST, SHALL BE SECURED WITH THE PRIORITY AFFORDED THIS DEED OF TRUST AS AND WHEN RECORDED. (b) All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such terms include any provisions in the Notes Note or the Credit Loan Agreement which permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time.

Secured Obligations. (a) Mortgagor Trustor makes the grant, bargain, conveyance, sale, transfer, and mortgage assignment set forth in Section 1.1 above, above and grants the security interest set forth in Section 3 below for the purpose of securing the following obligations (the “Secured Obligations”) in any such order of priority that Mortgagee as Beneficiary may choosedetermine: (i) Payment of all obligations at any time owing under (A) the various a secured promissory notes note (the “Note”) dated as of June 30, 2011even date herewith, payable by Borrower, Trustor as maker to the order of Beneficiary in the aggregate stated principal amount of Seventy-One Two Million Five Hundred Thousand and No/100 Dollars ($71,500,000.002, ) to the order of Lenders, (B) that certain Intercompany Note of the Mortgagor dated as of the date hereof payable to Borrower and assigned to Agent, (C) those certain Intercompany Notes of the other Subsidiary Guarantors from time to time, as maker(s), payable to Borrower and assigned to Agent (together with the Note, the “Notes”), and (D) the Subsidiary Guaranty;Beneficiary; and (ii) Payment and performance of all Guaranteed Obligations (as defined in the Subsidiary Guaranty);obligations of Trustor under this Deed of Trust; and (iii) Payment and performance of all obligations of Mortgagor Trustor under this Mortgage;the Loan Agreement or under any Loan Documents executed by Trustor in connection with the Loan; and (iv) Payment and performance of all obligations of Borrower under the Credit Agreement and the other Loan Documents; (v) Payment and performance of any obligations of Mortgagor and the other Loan Parties (including each other Subsidiary Guarantor) under the other Loan Documents; (vi) Payment and performance of all future advances and other obligations that Mortgagor Trustor, or any successor in interest to Trustor, and/or any other obligor (if different than Trustor), or any successor in ownership of all or part of the Property Property, may agree to pay and/or perform (whether as principal, surety surety, or guarantor) for the benefit of MortgageeBeneficiary, when a writing evidences the parties’ agreement that the advance or obligation be secured by this MortgageDeed of Trust; and (viiv) Payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, of any of the Secured Obligations, including any successor agreements or instruments which restate and supersede any agreements or instruments evidencing the Secured Obligations. (b) All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such terms include any provisions in the Notes Note or the Credit Loan Agreement which permit borrowing, repayment repayment, and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time.

Secured Obligations. (a) Mortgagor Grantor makes the grant, conveyance, and mortgage set forth in Section 1.1 above, and grants the security interest set forth in Section 3 below for the purpose of securing the following obligations (the “Secured Obligations”) in any order of priority that Mortgagee Beneficiary may choose: (i) Payment of all obligations at any time owing under (A) the various promissory notes (the “Note”) dated as of June 30, 2011, payable by Borrower, as maker in the aggregate principal amount of Seventy-One Million Five Hundred Thousand and No/100 Dollars ($71,500,000.00) to the order of Lenders, (B) that certain Intercompany Note of the Mortgagor Grantor dated as of the date hereof payable to Borrower and assigned to Agent, (C) those certain Intercompany Notes of the other Subsidiary Guarantors from time to time, as maker(s), payable to Borrower and assigned to Agent (together with the Note, the “Notes”), and (D) the Subsidiary Guaranty; (ii) Payment and performance of all Guaranteed Obligations (as defined in the Subsidiary Guaranty); (iii) Payment and performance of all obligations of Mortgagor Grantor under this MortgageDeed of Trust; (iv) Payment and performance of all obligations of Borrower under the Credit Agreement and the other Loan Documents; (v) Payment and performance of any obligations of Mortgagor Grantor and the other Loan Parties (including each other Subsidiary Guarantor) under the other Loan Documents; (vi) Payment and performance of all future advances and other obligations that Mortgagor Grantor or any successor in ownership of all or part of the Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of MortgageeBeneficiary, when a writing evidences the parties’ agreement that the advance or obligation be secured by this MortgageDeed of Trust; and (vii) Payment and performance of all modifications, amendments, extensions, and renewals, however evidenced, of any of the Secured Obligations. (b) All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. Such terms include any provisions in the Notes or the Credit Agreement which permit borrowing, repayment and reborrowing, or which provide that the interest rate on one or more of the Secured Obligations may vary from time to time.