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0.ol.049 7 <br />any rights appurtenant thereto, and any awards for <br />change of grade of streets, together with any and all <br />moneys now or hereafter on deposit for the payment of <br />real estate taxes, assessments or common area charges <br />levied against the Trust Property, unearned premiums on <br />policies of fire and other insurance maintained by the <br />Grantor or caused by the Grantor to be maintained by <br />any tenant under an Operating Lease covering any <br />interest`in the Trust Property or required by the <br />Credit Agreement; and <br />(7) all right, title and interest of the Grantor <br />in and to all extensions, improvements, betterments, <br />renewals, substitutes and replacements of and all <br />additions and appurtenances to, the Land, the Premises, <br />the Improvements, the Personal Property, the Permits, <br />Plans and Warranties and the Leases, hereinafter <br />acquired by or released to the Grantor or constructed, <br />assembled or placed by the Grantor on the Land, the <br />Premises or the Improvements, and all conversions of <br />the security constituted thereby, immediately upon such <br />acquisition, release, construction, assembling, <br />placement or conversion, as the case may be, and in <br />each such case, without any further mortgage, deed of <br />trust, conveyance, assignment or other act by the <br />Grantor, all of which shall become subject to the lien <br />of this Deed of Trust as fully and completely, and with <br />the same effect, as though now owned by the Grantor and <br />specifically described herein. <br />TO HAVE AND TO HOLD the Trust Property unto the <br />Trustee, its successors and assigns forever, for the benefit <br />of the Beneficiary in accordance with the terms of the <br />Credit Agreement, subject only to the Permitted Encumbrances <br />(as hereinafter defined) and to satisfaction and <br />cancellation as provided in Section 3.05, IN TRUST <br />NEVERTHELESS, upon the terms and trust herein set forth for <br />the benefit and security of the Beneficiary. <br />ARTICLE I <br />Representations, Warranties and Covenants of Grantor <br />Grantor agrees, covenants, represents and /or <br />warrants as follows: <br />SECTION 1.01. Title; Operating Leases. <br />(a) Grantor has good and marketable title to an inde- <br />feasible fee estate in the Land and Improvements subject to <br />no lien, charge or encumbrance except for, and this Deed of <br />[NYCorp; 1105401 .3:DPCO2:11 /11 /00- 12:05a] (Hall County) <br />