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1.1.13 Proceeds. All proceeds of, supporting obligations for, additions and accretions
<br /> to,substitutions and replacements for, and changes in any of the property described above.
<br /> The Land, Improvements, related real property, and all personal property now or hereafter installed on or used in
<br /> connection with the Land and/or Improvements are collectively referred to herein as the"Project."
<br /> 1.2 Secured Obligation. Grantor makes the grant,conveyance,transfer and assignment
<br /> set forth in Section 1.1 and grants the security interest set forth in Section 2.1 for the purpose of securing the obligation
<br /> of Grantor, as successor-in-interest to the rights and obligations of the"Owner"named therein,to pay the Lot 1 Profit
<br /> Payment to Beneficiary as required under that certain Amended and Restated Development Agreement dated as of
<br /> September 1, 2005,originally executed by and between such Owner,the Beneficiary,and Food Services of America
<br /> (the "Development Agreement"), and as amended by that certain Transfer Lot Agreement Amending Part One of
<br /> Amended and Restated Development Agreement,dated April , 2017, and executed by and between the
<br /> Beneficiary and Grantor(the "Amendment")(with such Lot 1 Profit Payment obligation of Grantor under the
<br /> Development Agreement and Amendment referred to herein as the"Secured Obligation"). The Secured Obligation
<br /> also includes payment and performance of all modifications,amendments,extensions, and renewals,however
<br /> evidenced,of the Secured Obligation. All persons who may have or acquire an interest in all or any part of the
<br /> Collateral will be considered to have notice of,and will be bound by,the terms of the Secured Obligation and each
<br /> other agreement or instrument made or entered into in connection with each of the Secured Obligation.
<br /> 2. SECURITY AGREEMENT.
<br /> 2.1 Grant of Security Interest. This Deed of Trust creates a lien on the Collateral, and
<br /> constitutes an absolute assignment of the Rents, Issues and Profits and of the Leases, all in favor of Beneficiary, and
<br /> includes all property now or hereafter affixed or attached to or incorporated upon the Land and Improvements, which,
<br /> to the fullest extent permitted by law, shall be deemed fixtures and a part of the real property. To the extent that any
<br /> part of the Collateral or Rents, Issues and Profits and Leases may be, or are determined to be, personal property,
<br /> Grantor, as debtor, hereby grants to Beneficiary, as secured party, a security interest in such part of the Collateral and
<br /> Rents, Issues and Profits and Leases as is determined to be personal property, to secure payment and performance of
<br /> the Secured Obligation. As to such personal property, this Deed of Trust constitutes a security agreement under the
<br /> Article 9 of the Uniform Commercial Code of the state in which the Project is located (the"State"), with Grantor/Trustor
<br /> as Debtor and Grantee/Beneficiary as Secured Party. Terms used to describe the Collateral in Section 1 of this Deed
<br /> of Trust shall have the definitions ascribed to such terms under the Uniform Commercial Code of the State.
<br /> 2.2 Perfection of Security Interest. Grantor hereby authorizes Beneficiary to file one or
<br /> more financing statements, continuation statements, financing statement amendments, and such other documents as
<br /> Beneficiary may from time to time require to perfect and continue the perfection of Beneficiary's security interest in any
<br /> part of the Collateral or the Rents, Issues and Profits and Leases. Grantor shall pay all fees and costs that Beneficiary
<br /> may incur in filing such documents in public offices and in obtaining such record searches as Beneficiary may
<br /> reasonably require. If any financing statement or other document is filed in the records normally pertaining to personal
<br /> property, that filing shall not be construed as in any way derogating from or impairing the declaration and the stated
<br /> intention of the parties hereto that the Collateral and all components thereof are, to the maximum extent possible, real
<br /> property or otherwise impair the rights or obligations of the parties under this Deed of Trust.
<br /> 3. FIXTURE FILING. This Deed of Trust constitutes a financing statement filed as a fixture filing
<br /> under the Uniform Commercial Code in effect in the State, as amended or recodified from time to time, covering any
<br /> part of the Collateral that now is or later may become fixtures attached to the Land or Improvements.
<br /> Everett Deed of Trust—Lot 1 Page 4
<br /> ND:19652.017 4822-1832-5829v1
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