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201210833
<br />Exhibit, together with all buildings, improvements, fixed assets, personalty and fixtures now or
<br />in the future annexed, affixed or attached to said real property or said buildings, improvements or
<br />structures located thereon; and
<br />All right, title and interest of the Grantor in, to and under any and all grants, privileges,
<br />rights of way, easements and other similar interest now owned, held, leased, enjoyed or
<br />exercised, or which may hereafter be owned, held, leased, acquired, enjoyed or exercised, by the
<br />Grantor for the purposes of, or in connection with the real property described in Exhibit "A"
<br />hereto or, the construction, acquisition, ownership, use or operation by or on behalf of the
<br />Grantor of all buildings and improvements located on the property encumbered hereby, wherever
<br />located.
<br />TOGETHER WITH all tenements, hereditaments and appurtenances belonging or
<br />otherwise pertaining to the aforesaid property or any part thereof, with all reversions, remainders,
<br />rents, income, revenues, profits, cash, proceeds, products and benefits at any time derived,
<br />received or had from any or all of the above - described property of the Grantor and all deposits or
<br />other accounts into which the same may be deposited.
<br />TO HAVE AND TO HOLD the Trust Estate unto the Trustee and Beneficiaries, and its
<br />respective assigns forever, to secure the payment and performance of the Obligations, including,
<br />without limitation, the due performance of the covenants, agreements and provisions herein
<br />contained, and for the uses and purposes and upon the terms, conditions, provisos and
<br />agreements hereinafter expressed and declared.
<br />ARTICLE III.
<br />PARTICULAR REPRESENTATIONS, WARRANTIES AND
<br />COVENANTS OF THE GRANTOR
<br />The Grantor represents, warrants and, except as otherwise permitted by the Beneficiary,
<br />covenants with the Beneficiary as follows:
<br />Section 3.01. Authority to Execute and Deliver this Deed of Trust; All Action
<br />Taken; Enforceable Obligations. The Grantor is authorized under its articles of incorporation
<br />and bylaws or other applicable organizational documents and all applicable laws and by
<br />corporate or organizational action to execute and deliver this Deed of Trust; and this Deed of
<br />Trust is, and any amendment, supplement or restatement of this Deed of Trust, when executed
<br />and delivered will be, the legal, valid and binding obligations of the Grantor which are
<br />enforceable in accordance with their respective terms.
<br />Section 3.02. Authority to Convey Trust Estate; No Liens; Exception for Permitted
<br />Encumbrances; Grantor to Defend Title and Remove Liens. The Grantor has good and
<br />marketable title to all fee and leasehold estates in real property and good, right and lawful
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<br />NE 9/11
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