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201300074 ARTICLE II CERTAIN WARRANTIES AND COVENANTS OF TRUSTOR SECTION 2.01. Authority and Effectiveness. (a) Trustor represents, warrants and covenants that(i) Trustor is and shall be a corporation duly organized,validly existing and in good standing under the laws of its state of incorporation or organization, and duly qualified to do business and in good standing in the state in which the Premises is located and has and will have all governmental licenses, authorizations, consents and other qualifications required to carry on its business as now conducted,to own the Mortgaged Property and to execute,deliver and perform this Deed of Trust; (ii) the execution, delivery and performance by Trustor of this Deed of Trust are within Trustor's corporate power, have been duly authorized by all necessary corporate action, require no action by or in respect of,or filing with,any governmental body,agency or official and do not and will not contravene, or constitute a default under, any provision of the organizational documents of Trustor or of any agreement,judgment, injunction, order, decree or other instrument binding upon Trustor or relating to the Premises; and (iii) this Deed of Trust constitutes a legal, valid, binding and enforceable agreement of Trustor. (b) Trustor shall cause the representations and warranties in subsection(a)of this Section to continue to be true in each and every respect at all times prior to the termination of this Deed of Trust. SECTION 2.02. Title and Further Assurances. (a) Trustor hereby represents and warrants to Beneficiary that: (i) Trustor is the owner of a valid and subsisting leasehold interest in the Land and the Improvements free from all liens, security interests, Leases, charges or encumbrances whatsoever,except for such liens as are permitted under the Credit Agreement ("Permitted Liens"): (ii) Trustor has good and lawful right to mortgage the Mortgaged Property to Beneficiary without the consent of any Person other than those consents which have been obtained; (iii) the lien created by this Deed of Trust constitutes a valid,binding and enforceable lien on the Mortgaged Property; (iv) the Site Lease creates and constitutes in the tenant thereunder a valid and subsisting leasehold interest in the Leasehold Estate; the Site Lease has not been modified or amended,except as disclosed to Beneficiary in writing;there is no default under the Site Lease,all rents due have been paid in full;no action has commenced and is pending to terminate the Site Lease; and Trustor is the owner of the leasehold interest under the Site Lease subject to the provisions of the Site Lease; and (v) the Permitted Liens do not materially interfere with or materially adversely affect the use, value or operation of the Premises. -7-