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201309549 <br /> personal property leased under the Cargill Lease the matters described on Exhibit B'2 attached hereto and made a <br /> part hereof("Permitted Encumbrances") and any other matter from time to time affecting the Trust Property <br /> approved by Beneficiary. Except for the Permitted Encumbrances, this Deed of Trust creates a valid first priority <br /> lien and security interest against the Trust Property. The Trustor shall preserve and protect the first lien and security <br /> interest status of this Deed of Trust subject to Permitted Encumbrances and any other matters from time to time <br /> affecting the Trust Property approved by Beneficiary from time to time affecting the Trust Property. <br /> 1,2. Payment and Performance. The Trustor shall pay the Secured Indebtedness when due under the <br /> WI ins of the Loan Documents and any other Financing Document and shall duly perform and observe all of the <br /> covenants, agreements and provisions contained in this Deed of Trust, the Loan Agreements, and any other <br /> Financing Document. The Trustor shall duly perform and observe all of the covenants, agreements and provisions <br /> contained in this Deed of Trust. No payment or collection of any of the Secured Indebtedness shall reduce the <br /> amount secured by this Deed of Trust. <br /> 1.3, Care of Trust Property; No Waste. Subject to the terms of the Loan Agreements, and any other <br /> Financing Document, the Trustor shall, at all times, keep and maintain the Trust Property in good repair and <br /> operating condition, subject to ordinary wear and tour, and shall not commit, or suffer to be committed, any material <br /> waste or misuse of the Trust Property, and shall repair, restore or replace, any buildings, improvements or structures <br /> now or hereafter placed or located on the Trust Property which may become damaged or destroyed in accordance <br /> with the terms of this Deed of Trust,the Loan Agreements, or any other Financing Document. The Trustor shall not, <br /> without the prior written consent of the Beneficiary, or except as permitted under the Loan Agreements: (i) remove <br /> or permit the removal of any material buildings, structures or other material improvements or material fixtures, or <br /> (ii)otherwise make any material alterations in any improvements which will materially and adversely alter the basic <br /> structure, materially and adversely affect the market value, or materially and adversely change the existing <br /> architectural character of the Trust Property. The Trustor will not acquiesce in any rezoning classification, <br /> modification or public or private restriction which in any way limits or otherwise materially and adversely affects <br /> the Trust Property,or any part thereof. The Trustor shall not vacate or abandon the Trust Property. <br /> 1.4. Payment of Utilities and Operating Costs. To the extent required under the Loan Agreements, or any <br /> other Financing Document,the Trustor shall pay,or cause to be paid, when due, all charges made for electricity,gas, <br /> heat, water, sewer, and all other utilities and operating costs and expenses incurred in connection with the Trust <br /> Property to the extent required under the Loan Agreements, or any other Financing Document. <br /> 1.5. Liens. To the extent required under the Loan Agreements, and any other Financing Document, the <br /> Trustor shall pay, from time to time when the same shall become due, all lawful claims and demands of mechanics, <br /> materialmen, laborers, and others which, if unpaid, might result in, or permit the creation of a lien on the Trust <br /> Property, or any part thereof, or on the revenues, rents, issues, income and profits arising therefrom, and in general <br /> will do or cause to be done everything necessary so that the lien of this Deed of Trust shall be fully preserved, at the <br /> cost of the Trustor, without expense to the Trustee or Beneficiary. The Trustor shall not do, or permit to be done, <br /> anything that may in anyway weaken, diminish, or impair the security of this Deed of Trust. Should any fixture be <br /> installed to the Trust Property from or after the date hereof,the lien of this Deed of Trust shall immediately attach to <br /> said fixture and shall be prior and superior to all other liens or claims. The Trustor will promptly perform and <br /> observe, or cause to be performed or observed, all of the terms, covenants, and conditions of all Pei witted <br /> Encumbrances, as set forth in Exhibit B attached hereto, the noncompliance with which may affect the security of <br /> this Deed of Trust, or may impose duty or obligation upon the Trustor or any sublessee or occupant of the Trust <br /> Property or any part thereof, and the Trustor shall do or cause to be done all things necessary to preserve intact and <br /> unimpaired all easements, appurtenances, and other interests and rights in favor of or constituting any portion of the <br /> Trust Property. <br /> 1,6. Real Prun«rry Taxes and Assessments. The Trustor agrees to pay all real property taxes, <br /> assessments, and other similar charges made against the Trust Property in accordance with the terms and conditions <br /> of the Loan Agreements,and any other Financing Document. <br /> 1.7. Deed of Trust Taxation. In the event of a court decree or an enactment after the date hereof by any <br /> legislative authority of any law imposing upon a beneficiary the payment of the whole or any part of the amounts <br /> herein required to be paid by the Trustor,or changing in any way the laws relating to the taxation of deeds of trust or <br />