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<br />(ii) Trustor has good and lawful right to mortgage the Subject Property to
<br />Beneficiary without the consent of any Person other than those consents which have been obtained;
<br />(iii) the lien created by this Deed of Trust constitutes a valid, binding and
<br />enforceable lien on the Subject Property; and
<br />(iv) the Site Lease creates and constitutes in the tenant thereunder a valid and
<br />subsisting leasehold interest in the Leasehold Estate; the Site Lease has not been modified or amended,
<br />except as disclosed to Beneficiary in writing; there is no default under the Site Lease, all rents due have
<br />been paid in full; no action has commenced and is pending to terminate the Site Lease; and Trustor is the
<br />owner of the leasehold Ve
<br />interest under the Site Lease and Trustor is the owner of the Improrpnts, in each
<br />case subject to the provisions of the Site Lease.
<br />(b) Trustor shall (i) cause the representations and warranties in subsection (a) of this Section
<br />to continue to be true in each and every respect at all times prior to the termination of this Deed of Trust; and
<br />(ii) preserve, protect, warrant and defend (A) the estate, right, title and interest of Trustor in and to its Subject
<br />Property (B) the validity, enforceability and priority of the lien of this Deed of Trust, and (C) the right, title and
<br />interest of Beneficiary and any purchaser at any sale of the Subject Property hereunder or relating hereto.
<br />(c) Upon full execution, acknowledgment and the recording of this Deed of Trust in the
<br />county recording office of the county in which the Land is located, the lien of this Deed of Trust shall be a perfected
<br />mortgage lien and fixture filing on the Subject Property.
<br />(d) Trustor shall perform all acts that may be necessary to continue, maintain, preserve,
<br />protect and perfect the Subject Property, the lien granted to Beneficiary therein and the perfected priority of such
<br />lien. Upon request by Beneficiary, Trustor shall at its sole cost and expense (i) promptly correct any defect or error
<br />which may be discovered in this Deed of Trust or any financing statement or other document relating hereto; and
<br />(ii) promptly execute, acknowledge, deliver, record, and re- record, register and re- register, and file and re -file this
<br />Deed of Trust and any fixture filings, financing statements or other documents which Beneficiary may reasonably
<br />require from time to time (all in form and substance reasonably satisfactory to Beneficiary) in order (A) to
<br />effectuate, complete, perfect, continue or preserve the lien of this Deed of Trust on the Subject Property, whether
<br />now owned or hereafter acquired, (B) to correct or change the name of Trustor following any change in its identity,
<br />sale of the Subject Property, or assumption of the Loan pursuant to Section 2.7(b), or (C) to effectuate, complete,
<br />perfect, continue or preserve any right, power or privilege granted or intended to be granted to Beneficiary
<br />hereunder.
<br />SECTION 2.3. Secured Obligations. Trustor shall duly and punctually pay, perform and observe
<br />the Obligations binding upon Trustor.
<br />SECTION 2.4. Impositions. Subject to Section 2.6 and Section 2.9, Trustor shall (i) duly and
<br />punctually pay all Impositions before any fine, penalty, interest or cost may be added for nonpayment; and
<br />(ii) promptly notify Beneficiary of the receipt by Trustor of any notice of default in the payment of any Imposition.
<br />The term "Impositions" means all taxes, assessments and other governmental charges, ground rents, or other rents,
<br />charges, excises, levies, fees and other charges (public or private) which may be assessed, levied or imposed on, or
<br />in respect of or be a lien upon the Subject Property or any part thereof or any interest therein.
<br />SECTION 2.5. Compliance with Legal and Insurance Requirements.
<br />(a) Trustor represents and warrants that (i) as of the date hereof, the Property and the use and
<br />operation thereof comply in all material respects with all Legal Requirements (as defined below), Insurance
<br />Requirements (as defined below) and Contractual Obligations; (ii) there is no material default under any Legal
<br />Requirement, Insurance Requirement and Contractual Obligation; and (iii) the execution, delivery and performance
<br />of this Deed of Trust does not require any consent the failure of which to obtain would contravene any provision of
<br />and constitute a material default under, any Legal Requirement, Insurance Requirement or Contractual Obligation.
<br />111 /150348.02.00 6
<br />010499/1956/35239.00196
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