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201901174 <br />Notes and the other indebtedness hereby secured; provided, however, that this Deed of Trust is <br />upon the express condition that if the principal of and interest on the Notes shall be paid in full <br />and all other indebtedness hereby secured shall be fully paid and performed, all commitments <br />contained in the Credit Agreement to extend credit thereunder shall have terminated, then this <br />Deed of Trust and the estate and rights hereby granted shall cease and this Deed of Trust shall be <br />released by Beneficiary upon the written request and at the expense of Grantor, otherwise to <br />remain in full force and effect. <br />Grantor hereby covenants and agrees with Trustee and Beneficiary as follows: <br />1. Payment of the Indebtedness. The indebtedness hereby secured will be promptly <br />paid as and when the same becomes due. <br />2. Further Assurances. Grantor will execute and deliver such further instruments and <br />do such further acts as may be necessary or proper to carry out more effectively the purpose of <br />this Deed of Trust and, without limiting the foregoing, to make subject to the lien hereof any <br />property agreed to be subjected hereto or covered by the Granting Clauses hereof or intended so <br />to be. <br />3. Ownership of Mortgaged Premises. Grantor covenants and warrants that it is <br />lawfully seized of and has good and marketable title to the Mortgaged Premises free and clear of <br />all liens, charges and encumbrances except those exceptions to title listed on Schedule II attached <br />hereto (the "Permitted Exceptions ") and Grantor has good right, full power and authority to <br />convey, transfer and mortgage the same to Trustee for the uses and purposes set forth in this <br />Deed of Trust; and Grantor will warrant and forever defend the title to the Mortgaged Premises <br />subject to the Permitted Exceptions against all claims and demands whatsoever. <br />4. Possession. Provided no Event of Default has occurred and is continuing hereunder, <br />Grantor shall be suffered and permitted to remain in full possession, enjoyment and control of the <br />Mortgaged Premises, subject always to the observance and performance of the terms of this Deed <br />of Trust. <br />5. Payment of Taxes. Grantor shall pay before any penalty attaches, all general taxes <br />and all special taxes, special assessments, water, drainage and sewer charges and all other <br />charges of any kind whatsoever, ordinary or extraordinary, which may be levied, assessed, <br />imposed or charged on or against the Mortgaged Premises or any part thereof and which, if <br />unpaid, might by law become a lien or charge upon the Mortgaged Premises or any part thereof, <br />and shall, upon written request, exhibit to Beneficiary official receipts evidencing such payments, <br />except that, unless and until foreclosure, distraint, sale or other similar proceedings shall have <br />been commenced, no such charge or claim need be paid if being contested (except to the extent <br />any full or partial payment shall be required by law), after notice to Beneficiary, by appropriate <br />proceedings which shall operate to prevent the collection thereof or the sale or forfeiture of the <br />Mortgaged Premises or any part thereof to satisfy the same, conducted in good faith and with due <br />diligence and if Grantor shall have furnished such security, if any, as may be required in the <br />proceedings or requested by Beneficiary. <br />-6- <br />