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200808234 The Trustor covenants with the Beneficiary that Trustor is the owner of the fee simple interest in and to the Mortgaged Property; that the same is free from all encumbrances, except for the Permitted Liens (hereinafter defined); that Trustor has good right, full power and lawful authority to sell and convey the same to Beneficiary and that Trustor and its successors and assigns. executors and administrators shall and will warrant and defend the same to the Beneficiary and its successors and assigns forever against claims and demands of all persons. TRUSTOR ADDITIONALLY COVENANTS AND AGREES WITH TRUSTEE AND BENEFICIARY AS FOLLOWS: ARTICLE I DEFINITIONS SECTION 1.01. Definitions. Capitalized terms used. but not otherwise defined herein, are defined in. or by reference to the Credit Agreement and have the same meanings herein as therein. ARTICLE II CERT AIN WARRANTIES AND COVENANTS OF TRUSTOR SECTION 2.01. Authority and Effectiveness. (a) Trustor represents, warrants and covenants that (i) Trustor is and shall be a corporation duly organized. validly existing and in good standing under the laws of its state of incorporation or organization. and duly qualified to do business and in good standing in the state in which the Premises is located and has and will have all governmental licenses. authorizations. consents and other qualifications required to carry on its business as now conducted. to own the Mortgaged Property and to execute, deliver and perform this Deed of Trust; (ii) the execution, delivery and performance by Trustor of this Deed of Trust are within Trustor's corporate power, have been duly authorized by all necessary corporate action. require no action by or in respect of. or filing with, any governmental body. agency or official and do not and will not contravene, or constitute a default under. any provision of the organizational documents of Trustor or of any agreement, judgment, injunction, order, decree or other instrument binding upon Trustor or relating to the Premises; and (iii) this Deed of Trust constitutes a legal, valid, binding and enforceable agreement of Trustor. (b) Trustor shall cause the representations and warranties in subsection (a) of this Section to continue to be true in each and every respect at all times prior to the termination of this Deed of Trust. SECTION 2.02. Title and Further Assurances. (a) Trustor hereby represents and warrants to Beneficiary that: (i) Trustor is the owner of the fee simple interest in the Land and the Improvements free from all liens, security interests, Leases. charges or encumbrances whatsoever, except for such liens as are permitted under the Credit Agreement ("Permitted Liens"); -6-