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200109054
<br />surveys, plans, specifications, files, tests, plats, engineering reports, government permits, escrow deposits,
<br />tenant security deposits, soil reports and documents of any kind or nature relating to the real estate or the
<br />development or operation thereof; (8) all of Grantor's contract rights under and all receivables now or
<br />hereafter owing to Grantor under all existing and future leases or renting of space in any buildings now or
<br />hereafter on said real estate; (9) all of Grantor's rights under any existing and future loan commitments to
<br />provide financing for all or any part of said real estate; (10) all of Grantor's rights under any existing and
<br />future sales contracts affecting all or any portion of said real estate; (11) all plants, trees and shrubbery;
<br />(12) all products and proceeds of any of the foregoing, including insurance proceeds and all proceeds of
<br />any award for the taking of all or any part of the foregoing pursuant to any governmental action; (13) all
<br />of the foregoing whether now existing or hereafter acquired and all replacements, additions, or
<br />substitutions thereof or thereto; and (14) all proceeds, products (including insurance proceeds),
<br />improvements, replacements, and substitutions of or to any of the foregoing (collectively referred to as
<br />the "Improvements ") (the Premises and all Improvements are collectively referred to as the "Property").
<br />SECTION 1. REPRESENTATIONS AND WARRANTIES.
<br />Grantor represents, covenants and warrants as follows (which representations, covenants
<br />and warranties are continuing, will, in all respects, survive foreclosure of this Deed of Trust and shall run
<br />with the Property):
<br />1.01 Title, Possession, Power to Execute. Except as set forth on Exhibit B attached
<br />hereto, Grantor is lawfully seized and possessed of a good and indefeasible title and estate in fee simple to
<br />the Property, and Grantor has full right and power to convey the Property, and covenants and agrees to
<br />execute and deliver or cause to be executed and delivered all further assurances of title necessary or by
<br />the Grantee deemed advisable to effectuate the lien of this Deed of Trust hereby given, and Grantor will
<br />forever warrant and defend the title to the Property and every part thereof unto Grantee against the claims
<br />and demands of all persons whomsoever.
<br />1.02 Liens. Except for the exceptions set forth on Exhibit B attached hereto and
<br />incorporated by this reference, the Property, and every part thereof, is free and clear of all liens,
<br />encumbrances and charges of every kind and character, including liens of general and special taxes and
<br />assessments, excepting taxes for the current year which are not yet due, and excepting the lien of this
<br />Deed of Trust;
<br />1.03 Organization; Standing. Grantor is a limited partnership validly organized and
<br />existing under the laws of the State of Indiana. Grantor has the power to own the Property, to carry on its
<br />affairs as currently conducted and perform all of the Obligations.
<br />1.04 Power; Authority. The undersigned has full power and authority on behalf of the
<br />Grantor to execute this Deed of Trust, and all other instruments evidencing the Obligations, and the
<br />execution and delivery thereof have been duly authorized and all acts and proceedings necessary or
<br />proper in the premises have been duly done, performed and taken.
<br />1.05 Location of Improvements. All Improvements now or hereafter located on the
<br />Premises are and will be located entirely within the boundaries of the Premises.
<br />1.06 Compliance with Law, etc. The Property and the present and proposed use thereof
<br />complies with all applicable zoning, building, environmental use, all federal, state and local laws and
<br />regulations, and all covenants, restrictions and easements of record. There is no action or proceeding
<br />pending before any court, quasi-judicial body or administrative agency which may affect the validity or
<br />enforceability of this Deed of Trust or the Obligations.
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