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88-100020 r performance of the lessee's obligation6 thereunder, revenues, earnings, profits and incom@, advance rental paymentD, payment6 incident to assignment, sublease or Durrencter ot a Lease, cla1m6 for forfeited deposits and claims for damages, now due or hereaf- tQr to bQcomQ dUQ, with r~Bp@ct to any Lease; and F. All proceeds of the conversion, vohintary or involuntary, of any of the foregoing into cash or liquidated claims including, without limitation, proceeds of insurance and condemnation awards with respect thereto, including interest thereon and any and all awards or payments and interest thereon; Mortgagor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND the Mortgaged Property on behalf of the Trustee and on behalf of his respective successors and assigns against any and every person lawfully claiming all or any part or interest in the Mortgaged Property. Provided, however, that if Mortgagor shall cause to be paid in full all amounts secured by this Deed of Trust and faith- fully perform all other covenants and agreements under the Loan Agreement, the Beneficiary shall direct the Trustee to reconvey to gaged Property at the sole cost of the Mortgagor. C 0 V E NAN T S: Mortgagor hereby covenants and agrees as follows: ARTICLE I WARRANTIES, REPRESENTATIONS AND COVENANTS OF MORTGAGOR SECTION 1.1 Payment of Loan. Mortgagor shall duly and punctually payor cause to be paid in the manner specified in the Note and Loan Agreement, the principal, interest, and all other sums due or to become due or required to be paid under Ot" in respect of the Loan and the Loan Agreement. SECTION 1.2 Good Title and Hazardous Materials. 1.2.1 Mortgagor represents, warrants and covenants that: (i) on and as of the date hereof, it has good and marketable ti tle to an indefeasible fee simple estate in the Premises and good title in and to the Mortgaged Property, subject to no mortgage, pledge, security interest, encumbrance, lien or charge of any kind, including, without limitation, any conditional sale or other title retention agreement or lease in the nature thereof, any filing or agreement to file a financing statement as debtor under the Uniform Commercial Code or any similar statute other than to reflect ownership by a third party of property leased under a lease not in the nature of a condi tional sale or ti tle retention agreement, or any subordination arrangement in -4- L L L -.J I: t tt 11 .! r: ;,\,. 1l '; ~ j r---- ,