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200704125 2. Warranty of Title. Grantor warrants that Grantor has good, marketable and insurable fee simple title to the Land and Improvements and has the full power, authority and right to execute, deliver and perform its obligations under this Deed of Trust and to encumber, mortgage, transfer, give, grant, bargain, sell, alienate, enfeoff, convey, confirm, warrant, pledge, assign and hypothecate the same and that Grantor possesses an unencumbered fee estate in the Land and the Improvements and that it owns the Trust Property free and clear of all liens, encumbrances and charges whatsoever except for those exceptions shown on Schedule B to the Title Insurance Policy insuring the lien of this Deed of Trust and that this Deed of Trust is and will remain a valid and enforceable first lien on and security interest in the Trust Property, subject only to the Permitted Encumbrances. Grantor shall forever warrant, defend and preserve such title and the validity and priority of the lien of this Deed of Trust and shall forever warrant and defend the same to Beneficiary and Trustee against the claims of all persons whomsoever. 3. Payment of Taxes, etc. Subject to the provisions of Article 32 hereof and the applicable provisions of the Loan Agreement, Grantor shall pay all Impositions (including, without limitation, all taxes, assessments, water rates and sewer rents, now or hereafter levied or assessed or imposed against the Trust Property or any part thereof and all ground rents, maintenance charges, other governmental impositions and other charges (including, without limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land), now or hereafter levied or assessed or imposed against the Trust Property or any part thereof) (the "Other Charges"), as the same become due and payable. Subject to the terms of the Loan Agreement, Grantor shall deliver to Beneficiary upon Beneficiary's request, evidence satisfactory to Beneficiary that the Impositions and Other Charges have been so paid or are not then delinquent no later than thirty days following the date on which the Impositions and/or Other Charges would otherwise be delinquent if not paid. Grantor shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever (other than Permitted Encumbrances) which may be or become a lien or charge against the Trust Property, and shall promptly pay for all utility services provided to the Trust Property. 4. Leases and Rents. Reference is made to the Loan Agreement and the Assignment of Rents and Leases for Grantor's obligations, license, rights and benefits regarding Leases and Rents. 5. Maintenance of Trust Property. Grantor shall cause the Trust Property to be maintained in a good and safe condition and repair in accordance with the standards set forth in Article 5 of the Loan Agreement. 6. Transfer or Encumbrance ofthe Trust Property. 6.1. Grantor acknowledges that Beneficiary has examined and relied on the creditworthiness and experience of Grantor in owning and operating properties such as the Trust Property in agreeing to make the Loan secured hereby, and that Beneficiary will continue to rely on Grantor's ownership of the Trust Property as a means of maintaining the value of the Trust Property as security for repayment of the Obligations. Grantor acknowledges that Beneficiary has a valid interest in maintaining the value of the Trust Property so as to ensure that, should Grantor default in the repayment of the Obligations, Beneficiary can 6