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<br />d. the repayment of all other sums, with interest thereon, which may
<br />heretofore have been or hereafter be advanced by Beneficiary to Trustor or Trustor's
<br />successor in interest or title;
<br />all of which are hereinafter collectively referred to as "Obligations ", Trustee irrevocably grants
<br />and transfers to Trustee, in trust, with Power of Sale, the real property described in Exhibit "A"
<br />attached hereto, together with (i) all buildings, structures, additions, enlargements, modifications,
<br />repairs, replacements, and improvements now or hereafter located thereon, (ii) all equipment,
<br />machinery and fixtures (including, without limitation, all lighting, heating, ventilating, cooling, air
<br />conditioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers,
<br />ranges, ovens, dishwashers, mirrors and mantels, carpeting, furnaces, oil burners, elevators
<br />and motors, refrigeration plants or units, communication systems, dynamos, transformers,
<br />electrical equipment, storm and screen windows, doors, awnings and shades) now or hereafter
<br />attached to, or built in, any building improvement or improvement now or hereafter located
<br />thereon, (iii) all easements and rights of way appurtenant thereto, (iv) all leasehold estate, right,
<br />title and interest of Trustor in and to all leases, whether now or hereafter existing or entered into
<br />(including, without limitation, all cash and security deposits, advance rentals and deposits or
<br />payments of a similar nature), pertaining thereto, (v) all rents, issues, profits and income
<br />therefrom (subject to the right of Trustor to collect and apply such rents, issues, profits and
<br />income as they become due and payable so long as no event of default exists hereunder), (vi)
<br />all royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, (vii) all
<br />tenements, hereditaments, privileges and appurtenances belonging, used or enjoyed in
<br />connection therewith, and (viii) all proceeds of conversion, voluntary or involuntary, of any of the
<br />foregoing into cash or liquidated claims (including, without limitation, proceeds of insurance and
<br />condemnation awards), all of which are hereinafter collectively the "Trust Property."
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS
<br />AND AGREES AS FOLLOWS:
<br />1. Title. Trustor covenants, warrants and agrees with Beneficiary, its successors
<br />and assigns, that Trustor owns the Trust Property and has the right to convey the Trust
<br />Property; that the Trust Property is free from any prior lien or encumbrance except liens in favor
<br />of Beneficiary, the special exceptions, if any, identified in the title insurance policy issued to
<br />Beneficiary on the Trust Property in connection with the Wells Bond Financings (as defined in
<br />the Credit Agreement), and except any Permitted Liens (as defined in the Credit Agreement) on
<br />any portion of the Trust Property that constitutes personal property; that this Deed of Trust is
<br />and will remain a valid and enforceable lien on the Trust Property, that Trustor, at its expense,
<br />will preserve such title and will maintain this Deed of Trust as a lien upon the Trust Property and
<br />will forever warrant and defend the validity and priority of the lien hereof against the claims of all
<br />persons and parties whomsoever. Trustor, at its expense, will cause this Deed of Trust, and
<br />each amendment or supplement hereto, to be filed and recorded as a mortgage of the Trust
<br />Property in such manner and in such place and will take such action as in the opinion of Trustee
<br />may be required by any present or future law in order to perfect, maintain and protect the lien of
<br />this Deed of Trust, as the same may be amended or supplemented from time to time. Trustor
<br />will make such further assurance or assurances to perfect its title to the Trust Property as may
<br />be required by Beneficiary.
<br />DOGS 146876.8 1582098
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