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200603561 exercise such options and all leases of Equipment, (ii) all consents, licenses, building permits, certificates of occupancy and other governmental approvals relating to construction, completion, occupancy, use or operation of the Real Estate or any part thereof and (iii) all drawings, plans, specifications and similar or related items relating to the Real Estate; (J) any and all monies now or subsequently on deposit for the payment of real estate taxes or special assessments against the Real Estate or for the payment of premiums on insurance policies covering the foregoing property or otherwise on deposit with or held by Beneficiary as provided in this Deed of Trust; and (K) all proceeds, both cash and noncash, of the foregoing; Said property is warranted free from all encumbrances and against any adverse claims, except as stated herein and in the Indenture. (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 (F) are collectively referred to as the "Premises ", and those described in the foregoing clauses (A) through (K) are collectively referred to as the "Trust Property "). TO HAVE AND TO HOLD the Trust Property and the rights and privileges hereby granted and conveyed unto Trustee, its successors and assigns for the uses and purposes set forth, until the Obligations are fully paid and performed. Upon condition, however, that if the indebtedness secured by this Deed of Trust is paid and satisfied in full, and the interest thereon and all other Obligations under this Deed of Trust are fulfilled, then this conveyance shall be null and void and Beneficiary will, at Grantor's cost and expense, deliver a discharge or assignment without representation or warranty except as to outstanding principal balance. Terms and Conditions Grantor further represents, warrants, covenants and agrees with Trustee and Beneficiary as follows: 1. Warranty of Title. Grantor warrants that it has good record title in fee simple to the Owned Property, a valid leasehold or easement interest in the Occupied Land, and a valid ownership interest in the rest of the Trust Property, subject only to the matters and liens expressly permitted by the Indenture (the "Permitted Exceptions "). Grantor shall warrant, defend and preserve such title and the lien of this Deed of Trust against all claims of all persons and entities. Grantor represents and warrants that (a) it has the right to encumber the Trust Property with this Deed of Trust; (b) each Occupancy Agreement, if applicable, is in full force and effect and Grantor is the holder of the lessee's or tenant's interest thereunder; (c) Grantor has paid all rents and other charges to the extent due and payable under any Occupancy Agreement (except to the extent Grantor is contesting in good faith by appropriate proceedings any such rents and other charges in accordance with and to the extent permitted by the terms of the relevant Occupancy Agreement), is not in default under any Occupancy Agreement, has received