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<br />200512483
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<br />yet incorporated in such Improvements (all of which shall be deemed to bc
<br />included in the Property upon delivery thercto);
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<br />(ii) all machines, machinery, fixtures, apparatus, equipment or articles
<br />used in supplying heating, gas, electricity, air-conditioning, water, light, power,
<br />plumbing, sprinkler, waste removal, refrigeration, ventilation, and all fire
<br />sprinklers, alarm systems, protection, electronic monitoring equipment and
<br />devices;
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<br />(iii)
<br />rigs; and
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<br />all window, structural, maintenance and cleaning equipment and
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<br />(iv) all Fixtures now or hereafter owned by Trustor and attached to or
<br />contained in and used or useful in connection with the Premises or the
<br />Improvements; and
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<br />(j) all the estate, interest, right, title or other claim or demand which the
<br />Trustor now has or may hereafter have or acquire with respect to (i) proceeds of
<br />insurance in effect with respect to the Property and (ii) any and all awards, claims for
<br />damages, judgments, settlements and other compensation made for or consequent upon
<br />the taking by condemnation, eminent domain or any like proceeding, or by any
<br />proceeding or purchase in lieu thereof, of the whole or any part of the Property,
<br />including, without limitation, any awards and compensation resulting from a change of
<br />grade of streets and awards and compensation for severance damages (collectively
<br />"Awards"); provided, however, such assignment shall not impose on the Beneficiary any
<br />of the obligations of Landlord under the Lease Agreement.
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<br />'The Trustor hereby covenants with the Trustee and Beneficiary: (i) that at the
<br />execution and delivery hereof, Trustor owns a good and indefeasible leasehold interest in the
<br />Premises; (ii) that at the execution and delivery hereot: with respect to all Property excluding the
<br />Premises, Trustor owns the Property and has good, indefeasible estate therein, (iii) that the
<br />Property is tree from all encumbrances and exceptions to title (and any claim of any other
<br />person) other than Permitted Encumbrances, (iv) that it has good and lawful right to sell,
<br />mortgage and convey the Property or Trustor's interest therein; and (v) that Trustor and its
<br />successors and assigns shall forever warrant and defend the Property against all claims and
<br />demands whatsoever.
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<br />Ill.
<br />GENERAL AGREEMENTS
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<br />3.1 Payment of Indebtedness. Trustor shall pay promptly and when due all amounts
<br />owing by Trustor in respect of the Secured Indebtedness at the times and in the manner provided
<br />in the Credit Agreement, the Notes evidencing the loans, this Deed of Trust, or any of the other
<br />Loan Documents. The loans which are the subject of the Credit Agreement bear interest at
<br />variable rates as provided in the Credit Agreement, and the latest final maturity date of such
<br />loans is December 31,2010.
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