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200802659 ARTICLE 1 GENERAL COVENANTS OF BORROWER Borrower covenants and agrees with Secured Party as follows: 1.1 Good Title. Borrower warrants that it has a good and marketable title to an indefeasible fee estate in the Property subject to no lien, charge or encumbrance, or exceptions except (a) as are satisfactory to Secured Party and listed as exceptions to title in a title policy which insures the lien of this Deed of Trust and which is issued by a title company or companies acceptable to Secured Party and (b) the FedEx Lease (as defined in the Loan Agreement); and that this Deed of Trust is and will remain a valid and enforceable lien on the Property subject only to the exceptions referred to above. Borrower has full power and lawful authority to mortgage the Property in the manner and form herein done or intended hereafter to be done. Borrower will preserve such title, and will forever warrant and defend the validity and priority of the lien hereof against the claims and demands of all persons and parties whomsoever. 1.2 Payment of Note and Observance of Covenants. Borrower will punctually pay the principal and interest and all other sums to become due in respect of the Note and this Deed of Trust at the time and place and in the manner therein specified and shall duly and punctually perform and observe all of the covenants, agreements and provisions contained herein, in the Note and any other instrument given as security for payment of the Note. 1.3 Taxes and Charges. (a) Borrower, from time to time when the same shall become due, will pay and discharge all taxes of every kind and nature (including real and personal property taxes and income, franchise, withholding, profits and gross receipt taxes), all general and special assessments, levies, permits, inspection and license fees, all water and sewer rents and charges, and all other public charges whether of a like or different nature, imposed upon or assessed against it or the Property or any part thereof or upon the revenues, rents, issues, income and profits thereof or arising with respect to the occupancy, use or possession thereof. Borrower will, upon the request of Secured Party, deliver to Secured Party receipts evidencing the payment of all such taxes, assessments, levies, fees, rents and other public charges imposed upon or assessed against it or the Property or the revenues, rents, issues, income or profits thereof. (b) Borrower will pay, from time to time when the same shall become due, all charges for utilities or services to the Property and all claims and demands of mechanics, materialmen, laborers, and others which, if unpaid, might result in, or permit the creation of, a lien on the Property or any part thereof, or on the revenues, rents, issues, income and profits arising therefrom and in general will do or cause to be done everything necessary so that the lien hereof shall be fully preserved, at the cost of Borrower, without expense to Secured Party. (c) Nothing in this Section 1.3 shall require the payment or discharge of any obligation imposed upon Borrower by this Section so long as Borrower shall in good faith and at its own expense contest the same or the validity thereof by appropriate legal proceeding which shall operate to prevent the collection thereof or other realization thereon and the sale or 3 AM 1570AM57:6670385:LOUlSVILLE 3/20/08