<br />200709869
<br />
<br />6. The Indenture declares the terms and conditions upon which Bonds are to be
<br />authenticated, issued and delivered and provides security for the payment of all of the Bonds issued and
<br />Outstanding under the Indenture from time to time, and for the performance and observance by the
<br />County of all the covenants, agreements and conditions contained in the Indenture and in the Bonds.
<br />
<br />7. The parties Grantor desire to make and enter into this Deed of Trust to secure the
<br />payment and performance of the present and future obligations of each of them, respectively, and their
<br />successors and assigns, under or with respect to the Bond Documents (including the payment of all smns
<br />advanced by the Beneficiary to protect the Encumbered Property, or to protect its liens or security
<br />interests), and all replacements, renewals, amendments, extensions, substitutions and modifications
<br />thereof, the terms and conditions of which are incorporated into this Deed of Trust by this reference
<br />(collectively, the "Secured Obligations," and together with the Bond Documents, the "Financing
<br />Documents"). The consideration received by the Grantor to execute and deliver this Deed of Trust and
<br />the liens and security interests created herein are sufficient and will provide a direct economic benefit to
<br />the Grantor.
<br />
<br />WITNESSETH:
<br />
<br />FOR GOOD AND VALUABLE CONSIDERATION, including the premises and the
<br />indebtedness herein recited and the trust herein created, the receipt and sufficiency of which are hereby
<br />acknowledged, the Grantor, and each of them, does hereby irrevocably SELL, TRANSFER, CONVEY
<br />AND ASSIGN to the Deed Trustee and to its assigns forever, IN TRUST, WITH POWER OF SALE, for
<br />the benefit and security of the Beneficiary, under and subject to the terms and conditions of this Deed of
<br />Trust, all of, and does hereby GRANT A SECURITY INTEREST or CONSTRUCTION SECURITY
<br />INTEREST, as applicable, to the Beneficiary in all of: the following-described real estate, personal
<br />property, rights, privileges and othcr property, now or hereafter acquired, together with all cash and
<br />noncash proceeds thereof, which may be referred to herein as the "Encumbered Property":
<br />
<br />1. The Property; together with the tenements, hereditaments, appurtenances,
<br />privileges, easements, franchises, rights, appendages and immunities thereunto belonging
<br />or appertaining, including all right, title and interest of the Grantor in and to any and all
<br />strips and gores of land adjoining the Property, in and to all land upon which any
<br />improvements on thc Property may now or hereafter encroach, and in and to the land
<br />within and under the streets, roads and alleys adjoining the Property;
<br />
<br />2. The Project, all other buildings, improvements and fixtures, and all other
<br />property constituting real property or real estate under the laws of the State now located,
<br />or hereafter erected, upon the Property, and all and singular the tenements, hereditaments,
<br />appurtenances, privileges, easements, franchises, rights, appendages and immunities
<br />whatsoever belonging to or in any wise appertaining to such buildings, improvements,
<br />fixtures and other real property, and all other machinery, equipment and fixtures acquired
<br />with the proceeds of the Bond (collectively, the "Improvements");
<br />
<br />3. All apparatus, machinery, furniture, fixtures, equipment, materials and appliances
<br />(whether single units or centrally controlled) and other items of personal property owned
<br />by Grantor or in which Grantor has an interest, located on, included within or used in
<br />connection with the Property or the Improvements, including but not limited to (a) any
<br />such property used in the operation ofthe Project or to supply heat, gas, air conditioning,
<br />water, light, power, ventilation or refrigeration or to treat or dispose of refuse or waste or
<br />useful for or in connection with the maintenance and operation of the Property or
<br />
<br />-2-
<br />
|