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*7- 0 0 010492 9 (d) All easement agreements, covenant or restrictive agreements, supplemental agreements and any other instruments hereinabove referred to and mortgaged hereby are and will remain valid, subsisting and in full force and effect, unless the failure to remain valid, subsisting and in full force and effect, individually or in the aggregate, would not have a material adverse effect on the Trust Property, and Grantor is not in default thereunder and has fully' performed the material terms thereof required to be performed through the date hereof, and has no knowledge of any default thereunder or failure to fully perform the terms thereof by any other party, nor of the occurrence of any event which after notice or the passage of time or both will constitute a default thereunder. Each Truckstop on the Trust Property is fully served by water, gas, electric, storm and sanitary sewage facilities, such utilities serving the Premises and the Improvements are located in and in the future will be located in, and adequate vehicular access to the Premises and the Improvements is provided by, either a public right -of -way abutting and contiguous with the Land or valid recorded unsubordinated easements. (e) Grantor has good and lawful right and full power and authority to grant this Deed of Trust and will forever warrant and defend its title to the Trust Property, the rights of Trustee and Beneficiary therein under this Deed of Trust and the validity and priority of the lien of this Deed of Trust thereon against the claims of all persons and parties except those having rights under Permitted Encumbrances to the extent of those rights. (f) This Deed of Trust, when duly recorded in the appropriate public records and when financing statements are duly filed in the appropriate public records, will create a valid, perfected and enforceable lien upon and security interest in all the Trust Property and there will be no defenses or offsets to this Deed of Trust or to any of the Secured Obligations. (g) Grantor expressly covenants and agrees to cause the Secured Obligations and any other payments intended to be secured hereby to be duly and punctually paid by the Borrower. SECTION 1.02. Credit Agreement; Certain Amounts. (a) This Deed of Trust is given pursuant to the Credit Agreement. Each and every term and provision of the Credit Agreement, including the rights, remedies, obligations, covenants, conditions, agreements, indemnities, representations and warranties of the parties thereto shall [MYCorp; 1105401 .3:DPCO2:11 /11/00- 12:05a] (Hall County)