|
-6-
<br />200311854
<br />ARTICLE 1
<br />Particular Covenants and Agreements of the Trustor
<br />Section 1.01. Payment of Secured Obligations. The Trustor shall pay when due
<br />all Obligations as provided in the Loan Instruments.
<br />Section 1.02. Title, Etc. The Trustor represents and warrants that it has good and
<br />marketable fee simple title in and to the Properties, and it has a valid interest in the related
<br />Ancillary Rights and Properties, in each case subject to no mortgage, deed of trust, lien, pledge,
<br />charge, security interest or other encumbrance or adverse claim of any nature, except those
<br />permitted under the Credit Agreement.
<br />The Trustor represents and warrants that it has the full power and lawful authority
<br />to grant, bargain, sell, release, convey, warrant, assign, transfer, mortgage, pledge, set over and
<br />confirm unto the Trustee the Trust Estate as hereinabove provided and warrants that it will
<br />forever defend the title to the Trust Estate and the validity and priority of the Lien or estate
<br />hereof against the claims and demands of all persons whomsoever.
<br />Section 1.03. Further Assurances; Filing; Re- Filing; Etc.
<br />(a) Further Instruments. The Trustor shall execute, acknowledge and deliver,
<br />from time to time, such further instruments as the Beneficiary or the Trustee may require to
<br />accomplish the purposes of this Deed of Trust.
<br />(b) Filing and Re- Filing. The Trustor, immediately upon the execution and
<br />delivery of this Deed of Trust, and thereafter from time to time, shall cause this Deed of Trust,
<br />any security agreement, mortgage or deed of trust supplemental hereto and each instrument of
<br />further assurance to be filed, registered or recorded and re- filed, re- registered or re- recorded in
<br />such manner and in such places as may be required by any present or future law in order to
<br />publish notice of and perfect the lien or estate of this Deed of Trust upon the Trust Estate.
<br />(c) Fees and Expenses. The Trustor shall pay all filing, registration and recording
<br />fees, all re- filing, re- registration and re- recording fees, and all expenses incident to the execution,
<br />filing, recording and acknowledgment of this Deed of Trust, any security agreement, mortgage or
<br />deed of trust supplemental hereto and any instrument of further assurance, and all Federal, state,
<br />county and municipal stamp taxes and other taxes, duties, imposts, assessments and charges
<br />arising out of or in connection with the execution, delivery, filing and recording of this Deed of
<br />Trust or any of the other Loan Instruments, any security agreement, mortgage or deed of trust
<br />supplemental hereto or any instruments of further assurance.
<br />Deed of Trust
<br />NY1: #3351532x3
<br />
|