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<br /> T4 HAVF AND '�0 NOT.� the Propertv unto Trustee forever, IN TRUST,
<br /> NEVERTHELESS, to aecure payment o� tt�e Note 8nd the debt evide�ced
<br /> thereby Rncl the performance a� the Covenants, obliRations anci
<br /> � agreements undertaken to be performed by Crantor in the Note, Loan
<br /> Agreement and Loan Documents and sub�ect ta the terma, conditians
<br /> and usea set forth herein.
<br /> AND, grantor, for itaelf and its succesaors and assigna,
<br /> repreaenta, warranta and covenants that Grantor is now in a solvent
<br /> condition; that no bankruptcy or inaolvency proceedings are pending
<br /> or contemplated by Grantor or by or againat any partner or owner of
<br /> Grantor; that all reports , certificatea, affidavits, statements and
<br /> other data furnished by Grantor to Beneficiary in connection with
<br /> the Loan evidenced by the Note are true and correct in all material
<br /> respects and do not omit to state any fact or circumstance necessary
<br /> to make th� statementa contained therein nat misleading; that
<br /> Grantor is the lawful awner of good and marketable fee aimple title
<br /> to the Property and has good right and authority to grant, bargain,
<br /> sell , convey, transfer, assign and mortgage, and grant a security
<br /> interest in the Property (Grantor hereby fully and absolutely
<br /> waiving and releasing all rights and claims it may have to the
<br /> property as a Homestead Exemption or ot�er exemption under any
<br /> federal, state or local law now or hereafter in effect) ; that the
<br /> Prop�rty is free and clear of all liens , security interests, �
<br /> encumbrances, and other title matters whatsoever including, without �
<br /> limitation, construction liens , mechanics liens, materialmen' s
<br /> liens, and liens for special assessments for work completed or under
<br /> construction on the date hereof except the lien and secur�.ty � --
<br /> �-...,:_
<br /> interest evidenced hereby and the title matters set forth in Exhibit : � :..
<br /> "A" attached hereto and made a part hereof (the "Permitted =
<br /> Exceptions") ; that there are no financing statements convering the � �
<br /> Collateral or its proceeds on file in any public office; that there ��
<br /> are no outstanding conditional sales contracts, chattel mortgages or � '
<br /> security agreements on the Property; that all materials, appliances, • '�`
<br /> apparatuses, machinery, furniture, furn3shings, fixtures and ';`
<br /> equipment and other personal roperty normally required for the '
<br /> operation of the Property: (i� have been ar will be installed in the �
<br /> improvements on the real property, and (ii) are or will be owned by :
<br /> Grantor, free and clear of any liens or charges and will be paid for � �
<br /> in full ; that the execution and deli.very of this Deed of Trust, the ti�
<br /> Note, and all other ins�ruments securing the payment of the Note do ��'� �
<br /> not contravene, result in a breach of or constitut� a de£�.ult under . `t
<br /> any contract or agreement to which Grantor is a party or by which -�
<br /> Grantor or any of its properties may be bound and do not violate or �
<br /> contravene any law, order, decree, rule or re�;ulation to which
<br /> Grantor is sub�ect ; that the Property and the intended use thereof
<br /> by Grantor now and in the future will fully comply in all material
<br /> respects with all applicable restrictive covenants, zoning
<br /> ordinanc�s, subdivision and building codes, flood disaster laws,
<br /> applicable health and environmental laws and regulations and all
<br /> other ordinances, orders or requirements issued by any state,
<br /> federal or municipal authorities having �urisdiction over the
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