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200800520 2 01"(11)2 2 jurisdiction in which the Real Estate is located providing for the exemption of homesteads from sale on execution or otherwise. Grantor hereby covenants with and warrants to Trustee and Beneficiary and with the purchaser at any foreclosure sale: that at the execution and delivery hereof it is well seized of the Premises, and of a good, marketable, indefeasible estate therein, in fee simple and that it has rights in the other Collateral; that the Collateral is free from all encumbrances whatsoever (and any claim of any other Person thereto) other than the interest granted to Trustee and security interest granted to Beneficiary herein and pursuant to the other Loan Documents and the encumbrances set forth in the title insurance policy insuring the lien of this Deed of Trust in favor of Beneficiary (the "Permitted Exceptions"); that it has good and lawful right to sell, mortgage and convey the Collateral; and that it and its successors and assigns will forever warrant and defend the Collateral against all claims and demands whatsoever with the exception of those arising by, through or under the Permitted Exceptions. ARTICLE I COVENANTS AND AGREEMENTS OF GRANTOR Further to secure the payment and performance of the Secured Obligations, Grantor hereby covenants, warrants and agrees with Trustee and Beneficiary as follows: 1.1 Payment of Secured Obligations. Grantor agrees that it will pay, timely and in the manner required in the appropriate documents or instruments, all the Secured Obligations (including, without limitation, fees and charges). All sums payable by Grantor hereunder shall be paid without demand, counterclaim, offset, deduction or defense. Grantor waives all rights now or hereafter conferred by statute or otherwise to any such demand, counterclaim, offset, deduction or defense. 1.2 Payment of Taxes. Grantor will payor cause to be paid when due all taxes and assessments, general or special, and any and all levies, claims, charges, expenses and liens, ordinary or extraordinary, governmental or non-governmental, statutory or otherwise, due or to become due, that may be levied, assessed, made, imposed or charged on or against the Collateral or any property used in connection therewith, and will pay when due any tax, and any and all penalties, interest, attorneys' fees or other charge due in connection therewith on the interest or estate in lands created or represented by this Deed of Trust or by any of the Loan Documents, whether levied against Grantor or Beneficiary or otherwise, and will submit to Beneficiary all receipts showing payment of all of such taxes, assessments and charges. 1.3 Maintenance and Repair. Grantor will: not abandon the Premises, provided, however, the tenant under the Fazoli's Lease shall have the right to "go dark" in accordance with the terms of the Lease, to the extent provided for and permitted therein; not do or suffer anything to be done which would depreciate or impair the use, operation or value of the Collateral or the security of this Deed of Trust; not remove or demolish any of the Improvements; pay promptly for all labor and materials for all construction, repairs and improvements to or on the Premises; not makc any changes, additions or alterations to the Premises except as required by any applicable 6 NEWYl\8176568.2