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200602197 The indebtedness and the obligations secured hereby which are described in (1) through (6) above may be referred to herein as the "Secured Obligations." All capitalized terms used but not otherwise defined herein shall have the meanings assigned to such terms in Section 101 of the Indenture. ARTICLE I REPRESENTATIONS, WARRANTIES, COVENAN'T'S AND AGREEMENTS OF THE GRANTOR The Grantor hereby represents, warrants, covenants and agrees: Section 1.01. Payment of Secured Obligations. The Grantor hereby grants this Deed of Trust to secure the payment and performance when due of the Secured Obligations. The consideration received by the Grantor to execute and deliver this Deed of "Trust and the liens and security interests created herein are sufficient and will provide a direct economic benefit to the Grantor. Section 1.02. Title of Grantor. The Grantor has, in its own right, good, marketable and indefeasible title in fee simple to the Mortgaged Estate, subject only to the matters set forth as special (non- preprinted) exceptions in the loan policy of title insurance to be provided to Beneficiary in connection herewith as described in Exhibit B attached hereto (the "Title Exceptions "), and has full right, power and authority to execute and deliver this Deed of Trust and to make the conveyances and grant the interests and security contemplated hereby. Section 1.03. Maintenance; Repair; Alterations. The Grantor shall keep, maintain, operate, repair and alter the Mortgaged Estate pursuant to and to the extent as set forth in the Loan Agreement as relating to the Project. Section 1.04. Required Insurance. The Grantor shall provide, maintain and keep at all times in force those policies of insurance required in the Loan Agreement, Section 1.05. Delivery of Insurance Policies; Payment of Premiums. (a) All policies of insurance shall be issued by companies and in amounts as required by the provisions of the Financing Documents. (b) In the event the Grantor fails to provide, maintain, keep in force or deliver and furnish to the Beneficiary evidence of the policies of insurance required by the Loan Agreement, the Beneficiary may in its sole discretion procure such insurance or single- interest insurance for such risks covering the Beneficiary's interest, and the Grantor will pay all premiums thereon promptly upon demand by the Beneficiary, and until such payment is inade by the Grantor the amount of all such premiums, together with interest thereon at the rate provided by the Note, shall be secured hereby. (c) Upon occurrence of an event of default (as defined in the Indenture), the Beneficiary shall apply any sums or amounts received pursuant hereto, or as rents or income of the Mortgaged Estate or otherwise, as required under the Loan Agreement. The receipt, use or application of any such sums by the Beneficiary hereunder shall not be construed to affect the maturity of any Secured Obligation or any of the rights or powers of the Beneficiary under the terms of the Financing Documents or any of the obligations of the Grantor or any guarantor under the Financing Documents. -4-