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<br />201211077
<br />2. Warranty of Title. Trustor warrants that Trustor has good title to the Premises
<br />and has the right to mortgage, give, grant, bargain, sell, convey, confirm, pledge, assign,
<br />hypothecate, affect, collaterally assign, and grant a continuing security interest upon the same
<br />and that Trustor presently possesses an unencumbered fee simple estate in the Premises and
<br />the Improvements and that it owns the Trust Property free and clear of all liens, encumbrances
<br />and charges whatsoever except for those of record, including the lien created by that certain
<br />Deed of Trust dated August 24, 2010 and recorded August 25, 2010, as Instrument No.
<br />201006061 and that certain Deed of Trust dated December 30, 2010, and recorded January 5,
<br />2011, as Instrument No. 201100143 (the "Permitted Encumbrances "), and that this Deed of
<br />Trust is and will remain a valid and enforceable lien on and security interest in the Trust Property,
<br />subject only to the Permitted Encumbrances and any amendments or replacements to the
<br />Permitted Encumbrances. Trustor shall forever warrant, defend and preserve such title and the
<br />validity and priority of the lien of this Deed of Trust, subject to the Permitted Encumbrances, and
<br />shall forever warrant and defend the same to Beneficiary against the claims of all persons
<br />whomsoever, subject to the Permitted Encumbrances. Beneficiary covenants and agrees that,
<br />regardless of any priority afforded by law, the encumbrance created by this Deed of Trust
<br />shall always be junior, inferior, and subordinate to the Permitted Encumbrances and Beneficiary,
<br />at their expense, shall execute and deliver any and all documents from time to time reasonably
<br />requested by Trustor or any holder of a Permitted Encumbrances to evidence or perfect such
<br />subordination.
<br />3. Payment of Impositions. Trustor shall pay all taxes (both real and personal),
<br />assessments, water charges, sewer charges, ground rents, maintenance charges and all other
<br />charges, including, without limitation, vault charges and license fees for the use of vaults, chutes
<br />and similar areas adjoining the Premises, now or hereafter levied or assessed or imposed
<br />against the Trust Property or any part thereof (the "Impositions ") before the same shall
<br />become delinquent. Trustor will deliver to Beneficiary, upon request, evidence satisfactory to
<br />Beneficiary that the Impositions are not delinquent. Trustor shall pay all taxes levied upon this
<br />Deed of Trust, or the Debt secured hereby, together with any other taxes (other than
<br />Beneficiary's Federal, State, or local income tax, if any) or assessments which may be levied
<br />against the Beneficiary, or the legal holder of the Note, on account of this indebtedness. Trustor
<br />shall not suffer and shall promptly cause to be paid or transferred to a surety bond and
<br />discharged any lien or charge whatsoever which may be or become a lien or charge against the
<br />Trust Property, and shall promptly pay for all utility services provided to the Trust Property.
<br />4. Liens. Trustor shall not create, incur or suffer to exist any lien, encumbrance or
<br />charge on the Trust Property or any part thereof which might or could be held to be superior or
<br />inferior to the lien of this Deed of Trust, other than any such lien, encumbrance or charge
<br />constituting a Permitted Encumbrance, if any. Trustor shall pay, when due, the claims of: (i) all
<br />persons supplying labor or materials to or in connection with the Trust Property; and (ii)
<br />registered or certified surveyors or engineers, or licensed architects, or their professional
<br />consultants supplying professional services in connection with the Trust Property.
<br />5. Compliance with Permitted Encumbrances and Laws. Trustor shall comply with
<br />all present and future statutes, laws, rules, orders, regulations and ordinances affecting the
<br />Trust Property, any part thereof or the use thereof and shall comply with all covenants,
<br />conditions and restrictions applicable to the Trustor which are contained in any documents
<br />constituting a Permitted Encumbrance.
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