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99-1G�3612 -2- 1.2. Authoritv; No Encumbrances. The Property is now free and clear of all encumbrances whatsoever except Permitted Encumbrances, and the Grantor has good right and lawful authority to mortgage and convey the same in the manner and form hereby mortgaged and conveyed. 1.3. Governmental Filin�s. Other than the recording of this Leasehold Deed of Trust and the filing of financing statements with the appropriate recording and filing offices in the state where the Property is located, no approval, authorization or other action by, or filing with, any federal, state, or local commission, board or agency, is required under existing law in connection with the execution and delivery by Grantor of this Leasehold Deed of Trust. 1.4. No Subleases. There are presently in effect no subleases of the Property or any part thereof, except as listed as a Permitted Encumbrance. 1.5. Absence of Litigation. Except as otherwise disclosed in the Credit Agreement, there are no actions, suits, proceedings or investigations, including, without limitation, condemnation and eminent domain proceedings, pending or, to the best of Grantor's knowledge, threatened, against or affecting the Property, or which may involve or affect the validity of this Leasehold Deed of Trust, and Grantor is not in default with respect to any order, writ, injunction, decree or demand of any court or any administrative agency or governmental authority affecting the Property or the use thereof. 2. CERTAIN COVENANTS AND CONDITIONS. The Grantor covenants and agrees as follows. 2.1. Rent and Governmental Char es. Grantor shall pay before the same become delinquent (i) all rent, additional rent and other payments required to be paid by the lessee under the Lease, and (ii) all taxes, charges, sewer use fees, water rates and assessments of every name and nature, whether or not assessed against Grantor, if applicable or related to the Property, or any interest therein, or applicable or related to any of the Obligations, which, if unpaid, might by law become a lien or charge upon all or any part of the Property; provided, however, that so long as no distraint, foreclosure sale or other levy upon or transfer with respect to the Property or any part thereof shall have been effected or threatened, Grantor shall not be required to pay any such taxes, charges, fees, rates and assessments by reason of this §2.1 if (i) the amount, applicability or validity thereof is currently being contested by Grantor in BUSD005:723319.2