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200809014 occupancy, use or operation of the Real Estate or any part thereof, and (iii) all drawings, plans, specifications and similar or related items relating to the Real Estate; and (i) all proceeds, both cash and noncash, of the foregoing. (All of the foregoing property and rights and interests now owned or held or subsequently acquired by Mortgagor and described in the foregoing clauses (a) through (d) are collectively referred to as the "Premises", and those described in the foregoing clauses (a) through (1) are collectively referred to as the "Mortgaged Property"). TO HAVE AND TO HOLD WITH MORTGAGE COVENANTS the Mortgaged Property and the rights and privileges hereby mortgaged unto Agent, its successors and assigns for the uses and purposes set forth herein and in the Credit Agreements, WITH POWER OF SALE AND RIGHT OF ENTRY AND POSSESSION AS FURTHER DESCRIBED HEREIN, forever, and Mortgagor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND the title to the Mortgaged Property unto Agent against every Person whomever lawfully claiming or to claim the same or any part thereof, until the Lender Obligations are fully paid and performed. TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thereunto belonging: In trust nevertheless, that in case of default in the payment pursuant to the Credit Agreements, or any part thereof; or in the payment of the interest thereon or other amounts due thereunder, according to the tenor and effect of said Credit Agreements, or in the payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or in case of violation or breach of any of the terms, conditions, covenants of agreements herein contained the Agent hereunder or the legal holder ofthe indebtedness secured hereby may declare a violation of any of the covenants here contained and may elect to advertise said Mortgaged Property for sale, and demand such sale by filing a notice of election and demand for sale with the Trustee according to the provisions of Section 14(b) of this instrument. This Deed of Trust covers present and future advances and re-advances, in the aggregate amount of the Lender Obligations made by the Lenders for the benefit of Mortgagor and ICE, and the lien of such future advances and re-advances shall relate back to the date of this Deed of Trust. Terms and Conditions Mortgagor further represents, warrants, covenants and agrees with and for the benefit of Agent and the Lenders as follows: 1, Warranty of Title. Mortgagor warrants that it has good record title in fee simple the Real Estate, and good title to the rest of the Mortgaged Property, subject only to the liens and security interests described in Schedule 5.13 of each Credit Agreement ("Permitted Liens") and any matters which would be revealed by an accurate survey of the Mortgaged Property. Mortgagor shall warrant, defend and preserve such title and the lien of this Deed of Trust against all claims of all persons and entities. Mortgagor represents and warrants that it has the lawful authority to grant, bargain, sell, assign, transfer, mortgage and convey a first-power lien and security interest in all of the Mortgaged Property to Agent in the manner and form herein 4 LIBD/1907386. ]