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201203312
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Last modified
7/9/2017 8:04:31 PM
Creation date
4/30/2012 9:29:16 AM
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DEEDS
Inst Number
201203312
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201203312 <br />defend and preserve such title and the lien of this Deed of Trust against all claims of all persons <br />and entities. Grantor represents and warrants that (a) it has the right to encumber the Trust <br />Property with this Deed of Trust; (b) each Occupancy Agreement, if applicable, is in full force <br />and effect and Grantor is the holder of the lessee's or tenant's interest thereunder; (c) Grantor has <br />paid all rents and other charges to the extent due and payable under any Occupancy Agreement <br />(except to the extent Grantor is contesting in good faith by appropriate proceedings any such <br />rents and other charges in accordance with and to the extent permitted by the terms of the <br />relevant Occupancy Agreement), is not in default under any Occupancy Agreement, has received <br />no notice of default from the lessor thereunder and knows of no material default by the lessor <br />thereunder; and (d) the granting of this Deed of Trust does not violate the terms of any <br />Occupancy Agreement nor is any consent of the lessor under any Occupancy Agreement <br />required to be obtained in connection with the granting of this Deed of Trust unless such consent <br />has been obtained. <br />2. Payment of the Obligations. Grantor shall pay and perform the Obligations at the <br />times and places and in the manner specified in the Transaction Documents. <br />3. Insurance. Grantor shall maintain or cause to be maintained on all of the <br />Premises such insurance in such amounts as is required pursuant to the Indenture. In the event of <br />foreclosure of this Deed of Trust or other transfer of title to the Trust Property, all right, title and <br />interest of Grantor in and to any insurance policies then in force shall pass to the purchaser or <br />grantee to the extent assignable. <br />4. Condemnation/Eminent Domain. Promptly upon obtaining knowledge of the <br />institution of any proceedings for the condemnation of the Trust Property, or any portion thereof, <br />Grantor will notify Beneficiary of the pendency of such proceedings. <br />5. Leases. Except as may be expressly permitted under the Indenture, Grantor shall <br />not execute an assignment or pledge of any Lease relating to all or any portion of the Trust <br />Property other than in favor of Beneficiary. <br />6. Further Assurances. To the extent permitted under applicable law, and to further <br />assure Beneficiary's and Trustee's rights under this Deed of Trust, Grantor agrees, within fifteen <br />(15) business days after demand of Beneficiary or Trustee, to do any act or execute any <br />additional documents (including, but not limited to, security agreements on any personalty <br />included or to be included in the Trust Property and a separate assignment of each Lease in <br />recordable form) as may be reasonably required by Beneficiary or Trustee to confirm the lien of <br />this Deed of Trust and all other rights or benefits conferred on Beneficiary or Trustee by this <br />Deed of Trust. <br />7. Changes In Tax, Obligations, Credit And Documentary Stam) Laws. If any law <br />is enacted or adopted or amended after the date of this Deed of Trust which deducts the <br />Obligations from the value of the Real Estate for the purpose of taxation or which imposes a tax, <br />either directly or indirectly, on the Obligations or Beneficiary's interest in the Real Estate, <br />Grantor will pay the tax, with interest and penalties thereon, if any. <br />
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