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201203312 Real Estate or any easement or other right therein, subject to the provisions relating to such awards and compensation generally set forth herein and in the Indenture; (1) to the extent assignable, all right, title and interest of Grantor in and to (i) all contracts from time to time executed by Grantor or any manager or agent on its behalf relating to the ownership, construction, maintenance, repair, operation, occupancy, sale or financing of the Real Estate or Equipment or any part thereof and all agreements relating to the purchase or lease of any portion of the Real Estate, together with the right to exercise such options and all leases of Equipment, (ii) all consents, licenses, building permits, certificates of occupancy and other governmental approvals relating to construction, completion, occupancy, use or operation of the Real Estate or any part thereof and (iii) all drawings, plans, specifications and similar or related items relating to the Real Estate; (J) any and all monies now or subsequently on deposit for the payment of real estate taxes or special assessments against the Real Estate or for the payment of premiums on insurance policies covering the foregoing property or otherwise on deposit with or held by Beneficiary as provided in this Deed of Trust; and (K) all proceeds, both cash and noncash, of the foregoing; Said property is warranted free from all encumbrances and against any adverse claims, except as stated herein and in the Indenture. (All of the foregoing property and rights and interests now owned or held or subsequently acquired by Grantor and described in the foregoing clauses (A) through (F) are collectively referred to as the "Premises", and those described in the foregoing clauses (A) through (K) are collectively referred to as the "Trust Pronertv"). TO HAVE AND TO HOLD the Trust Property and the rights and privileges hereby granted and conveyed unto Trustee, its successors and assigns for the uses and purposes set forth, until the Obligations are fully paid and performed. Upon condition, however, that if the indebtedness secured by this Deed of Trust is paid and satisfied in full, and the interest thereon and all other Obligations under this Deed of Trust are fulfilled, then this conveyance shall be null and void and Beneficiary will, at Grantor's cost and expense, deliver a discharge or assignment without representation or warranty except as to outstanding principal balance. Terms and Conditions Grantor further represents, warrants, covenants and agrees with Trustee and Beneficiary as follows: 1. Warranty of Title. Grantor warrants that it has good record title in fee simple to the Owned Property, a valid leasehold or easement interest in the Occupied Land, and a valid ownership interest in the rest of the Trust Property, subject only to the matters and liens expressly permitted by the Indenture (the "Permitted Exceptions"). Grantor shall warrant,