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201605356
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201605356
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Last modified
7/3/2017 5:40:21 PM
Creation date
8/18/2016 3:40:48 PM
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DEEDS
Inst Number
201605356
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4837- 9099 - 7551.5 <br />201605356 <br />(c) the lien of a deed of trust securing a $5,400,000 loan made by Hendrix <br />Genetics to Grantor; <br />(d) liens for property taxes and assessments or governmental charges or levies <br />and liens securing claims or demands of mechanics and materialmen, provided that <br />payment thereof is not overdue or, if overdue, is being contested in good faith by <br />appropriate actions or proceedings in accordance with the requirements of Section 2.12(b) <br />hereof; <br />(e) liens of or resulting from any judgment or award, the time for the appeal <br />or petition for rehearing of which shall not have expired, or in respect of which the <br />Grantor shall at any time in good faith be prosecuting an appeal or proceeding for a <br />review and in respect of which a stay of execution pending such appeal or proceeding for <br />review shall have been secured; <br />(f) liens, charges, encumbrances and priority claims incidental to the conduct <br />of business or the ownership of properties and assets (including warehousemen's and <br />attorneys' liens and statutory landlords' liens) and deposits, pledges or liens to secure <br />payment of premiums on insurance purchased in the usual course of business or in <br />connection with self — insurance or in connection with workmen's compensation, <br />unemployment insurance or social security legislation, or to secure the performance of <br />bids, tenders or trade contracts, or to secure statutory obligations, surety or appeal bonds <br />or other liens of like general nature incurred in the ordinary course of business and not in <br />connection with the borrowing of money, provided in each case, the obligation secured is <br />not overdue or, if overdue, is being contested in good faith by appropriate actions or <br />proceedings; <br />(g) minor survey exceptions or minor encumbrances, easements or <br />reservations of, or rights of others for rights —of —way, utilities and other similar purposes, <br />or zoning or other restrictions as to the use of real properties, which encumbrances, <br />easements, reservations, rights and restrictions do not in the aggregate materially detract <br />from the value of said properties or materially impair their use in the operation of the <br />business of the Grantor; <br />(h) easements, rights of way, reservations, restrictive agreements, servitudes <br />and rights of others against the Mortgaged Property filed of record as of the date of this <br />Deed of Trust; and <br />(i) utility easements, rights of way or reservations granted or to be granted to <br />service providers in connection with the development of the Mortgaged Property, which <br />such utility easements, rights of way or reservations do not in the aggregate detract from <br />or impair the value of or use of the Mortgaged Property. <br />Section 3.2 Power to Create Lien and Security. Grantor has full power and lawful authority to <br />grant, bargain, sell, assign, transfer, mortgage and convey a lien and security interest in the Mortgaged <br />Property in the manner and form herein provided without obtaining the authorization, approval, consent <br />or waiver of any governmental authority or other person that has not been obtained. <br />5 <br />
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