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<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 />