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200109056
<br />buildings, improvements, or structures thereon and all other personal property now owned or hereafter
<br />acquired by Grantor and used or intended to be used in the possession, occupation or enjoyment thereof
<br />and specifically but not by way of limitation the following owned by Grantor, all apparatus, appliances,
<br />machinery, equipment and articles used to supply or provide or in connection with heat, gas, air
<br />conditioning, plumbing, water, lighting, power, elevator, sewerage, cleaning, refrigeration, cooling,
<br />ventilation and sprinkler systems, all water heaters, furniture, furnishings, carpeting and padding, rugs,
<br />lighting fixtures, equipment, shades and awnings, screens, drapes and drapery equipment, fire prevention
<br />and extinguishing apparatus, security and access control apparatus, all window cleaning apparatus, all
<br />grounds maintenance equipment, all maintenance supplies, and all replacements, additions and substitutions
<br />thereof or thereto; (6) all construction materials owned by Grantor and placed thereon; (7) all existing and
<br />hereafter created or acquired deposits, accounts, contract rights, books, records, reports, surveys, plans,
<br />specifications, files, tests, plats, engineering reports, government permits, escrow deposits, tenant security
<br />deposits, soil reports and documents of any kind or nature relating to the real estate or the development or
<br />operation thereof, (8) all of Grantor's contract rights under and all receivables now or hereafter owing to
<br />Grantor under all existing and future leases or renting of space in any buildings now or hereafter on said
<br />real estate; (9) all of Grantor's rights under any existing and future loan commitments to provide financing
<br />for all or any part of said real estate; (10) all of Grantor's rights under any existing and future sales
<br />contracts affecting all or any portion of said real estate; (11) all plants, trees and shrubbery; (12) all
<br />products and proceeds of any of the foregoing, including insurance proceeds and all proceeds of any award
<br />for the taking of all or any part of the foregoing pursuant to any governmental action; (13) all of the
<br />foregoing whether now existing or hereafter acquired and all replacements, additions, or substitutions
<br />thereof or thereto; and (14) all proceeds, products (including insurance proceeds), improvements,
<br />replacements, and substitutions of or to any of the foregoing (collectively referred to as the "Improvements ")
<br />(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 the
<br />Grantee deemed advisable to effectuate the lien of this Deed of Trust hereby given, and Grantor will forever
<br />warrant and defend the title to the Property and every part thereof unto Grantee against the claims and
<br />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 Deed
<br />of Trust;
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