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- 6- 200512344 ARTICLE 1 Particular Covenants and Agreements of the Trustor Section 1.01. Payment of Secured Obligations. The Trustor shall pay when due all Obligations as provided in the Loan Instruments. Section 1.02. Title. Etc. The Trustor represents and warrants that it has good and marketable fee simple title in and to the Properties, and it has a valid interest in the related Ancillary Rights and Properties, in each case subject to no mortgage, deed of trust, lien, pledge, charge, security interest or other encumbrance or adverse claim of any nature, except those permitted under the Credit Agreement. The Trustor represents and warrants that it has the full power and lawful authority to grant, bargain, sell, release, convey, warrant, assign, transfer, mortgage, pledge, set over and confirm unto the Trustee the Trust Estate as hereinabove provided and warrants that it will forever defend the title to the Trust Estate and the validity and priority of the Lien or estate hereof against the claims and demands of all persons whomsoever. Section 1.03. Further Assurances; Filing; Re-Filing; Etc. (a) Further Instruments. The Trustor shall execute, acknowledge and deliver, from time to time, such further instruments as the Beneficiary or the Trustee may require to accomplish the purposes of this Deed of Trust. (b) Filing and Re-Filing. The Trustor, immediately upon the execution and delivery of this Deed of Trust, and thereafter from time to time, shall cause this Deed of Trust, any security agreement, mortgage or deed of trust supplemental hereto and each instrument of further assurance to be filed, registered or recorded and re-filed, re-registered or re-recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and perfect the lien or estate of this Deed of Trust upon the Trust Estate. (c) Fees and Expenses. The Trustor shall pay all filing, registration and recording fees, all re-filing, re-registration and re-recording fees, and all expenses incident to the execution, filing, recording and acknowledgment of this Deed of Trust, any security agreement, mortgage or deed of trust supplemental hereto and any instrument of further assurance, and all Federal, state, county and municipal stamp taxes and other taxes, duties, imposts, asSessments and charges arising out of or in connection with the execution, delivery, filing and recording of this Deed of Trust or any of the other Loan Instruments, any security agreement, mortgage or deed of trust supplemental hereto or any instruments of further assurance. Deed of Trust NY3:#7374669