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200210067 or use thereof and income therefrom, whether now owned or hereafter acquired by Grantor. (All of the foregoing property and rights and interests now owned or held or subsequently acquired by Grantor and described in the foregoing clauses (A) through (D) are collectively referred to as the "Premises ", and those described in the foregoing clauses (A) through (Q) are collectively referred to as the "Property"). TO HAVE AND TO HOLD the Property and the rights and privileges hereby granted unto Trustee, IN TRUST WITH POWER OF SALE, for the benefit of Beneficiary, and their respective successors and assigns, for the uses and purposes set forth herein, until such time as the Collateral reverts to the Grantor in accordance with the provisions of Section 10.7(b)(i) of the Credit Agreement; PROVIDED, HOWEVER, these presents are upon the express condition that, if the Secured Obligations are paid and performed in full at the time and in the manner provided in the Credit Agreement and this Deed of Trust and Grantor shall well and truly abide by and comply with each covenant and condition set forth herein, in the Credit Agreement and in the other Loan Documents in a timely manner, these presents and the estate hereby granted shall cease, terminate and be void and Trustee agrees to promptly file a release of record. Terms and Conditions Grantor further represents, warrants, covenants and agrees with Trustee and Beneficiary as follows: 1. Definitions. Capitalized terms used herein, which are not otherwise defined herein, shall have the meanings given to them in the Credit Agreement. 2. Representations. Warranties and Covenants. (a) Title. (i) All of the Representations and Warranties set forth in Section 4.7 of the Credit Agreement with respect to Mortgagor and the Property are hereby restated and reaffirmed as of the date hereof. (ii) 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 first priority Lien upon and security interest in all the Property free and clear of all Liens other than Permitted Liens (as defined in Section 2(b)(iii) herein) and there are no defenses or offsets to this Deed of Trust or to any of the Obligations secured hereby. (b) Payment of Taxes, Liens and Charges. N 2V117915M9AP92W9LU0CU5999W79