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200109054
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200109054
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Last modified
10/14/2011 9:29:12 AM
Creation date
10/20/2005 10:07:23 PM
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DEEDS
Inst Number
200109054
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200109054 <br />1.07 Information True and Correct. All financial data and documentation delivered by or <br />on behalf of Grantor to Grantee are true and correct in all material respects, and not misleading, and <br />Grantor has not omitted or failed to provide anything the omission of which would cause any such data or <br />documentation to be misleading. <br />1.08 Hazardous Waste. To the best of Grantor's knowledge, the Property is free from all <br />Hazardous Waste, as defined hereinafter, except as disclosed in an environmental study prepared by <br />Geotechnical Services, Inc. dated May 16, 2001, Project Number 015832. No condition exists in or on <br />the Property that could give rise to any claim, charge or lien against the Property for the removal of such <br />Hazardous Waste or damages attributable thereto or that is or may be a lien on the Property. <br />SECTION 2. COVENANTS. <br />Grantor hereby expressly covenants and agrees with Grantee that so long as any of the <br />Obligations are outstanding and in effect and until this Deed of Trust shall be released by the Grantor, it <br />shall: <br />2.01 Pavment of Principal and Interest. Duly pay the Obligations punctually as and <br />when the same shall become due and payable according to the true intent and purport thereof. <br />2.02 Transfer of Title; Liens. Without the prior written consent of Grantee, and <br />regardless of whether voluntary or involuntary, not transfer, convey, contract for deed or otherwise part <br />with title to the Property, or create or permit or allow to exist or to be created any mortgage, deed of trust, <br />pledge or other lien or encumbrance on any said Property, other than this Deed of Trust, the subordinate <br />lien to LaSalle Bank National Association (the "Credit Enhancer ") and the subordinate lien to Pedcor <br />Investments, A Limited Liability Company in the amount not to exceed $500,000.00, and Grantor will not <br />suffer or permit any mechanic's or materialmen's lien or any other lien of any nature whatsoever to attach <br />to any of said Property or to remain outstanding against the same or any part thereof but the foregoing <br />shall not prevent Grantor from protesting any such lien provided that Grantor posts sufficient bond <br />equivalent to the amount of said lien or provide title insurance coverage acceptable to the Credit Enhancer <br />and diligently prosecutes such lien protest to completion. <br />2.03 Risks to be Insured. At its sole cost and expense, maintain insurance of the <br />following character: <br />(a) Hazard Insurance. <br />(i) Insurance on the Premises and Improvements now existing or hereafter <br />erected or placed on the Premises against loss by fire, and other hazards covered by the so- called "all - <br />risk" form of policy in an amount equal to the full insurable value thereof (but in no event less than the <br />unpaid Obligations secured hereby) without deduction for physical depreciation. While any of the <br />Improvements are in the course of being constructed or rebuilt on the Premises, the Grantor shall provide <br />the aforesaid hazard insurance in builder's risk completed value form, including coverage available on the <br />so- called "all- risk" non - reporting form of policy for an amount equal to 100% of the insurable <br />replacement value of such building or other improvement. <br />(ii) If the Property includes or is to include steam boilers or other equipment <br />for the generation or transmission of steam, insurance against loss or damage by explosion, rupture or <br />bursting of steam boilers, pipes, turbines, engines and other pressure vessels and equipment, in an amount <br />satisfactory to the Credit Enhancer. <br />4 <br />
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