|
<br />200901437
<br />
<br />the Premises or the Improvements and used or useful in connection therewith, including,
<br />without limitation:
<br />
<br />(i) all building materials and equipment located upon the Premises
<br />and intended for construction, reconstruction, alteration, repair or incorporation in
<br />or to the Improvements now or hereafter to be constructed thereon, whether or not
<br />yet incorporated in such Improvements (all of which shall be deemed to be
<br />included in the Property upon delivery thereto);
<br />
<br />(ii) all machines, machinery, fixtures, apparatus, equipment or articles
<br />used in supplying heating, gas, electricity, air-conditioning, water, light, power,
<br />plumbing, sprinkler, waste removal, refrigeration, ventilation, and all fire
<br />sprinklers, alarm systems, protection, electronic monitoring equipment and
<br />devices;
<br />
<br />(iii) all window, structural, maintenance and cleaning equipment and
<br />rigs; and
<br />
<br />(iv) all Fixtures now or hereafter owned by Trustor and attached to or
<br />contained in and used or useful in connection with the Premises or the
<br />Improvements; and
<br />
<br />(j) all the estate, interest, right, title or other claim or demand which the
<br />Trustor now has or may hereafter have or acquire with respect to (i) proceeds of
<br />insurance in effect with respect to the Property and (ii) any and all awards, claims for
<br />damages, judgments, settlements and other compensation made for or consequent upon
<br />the taking by condemnation, eminent domain or any like proceeding, or by any
<br />proceeding or purchase in lieu thereof, of the whole or any part of the Property,
<br />including, without limitation, any awards and compensation resulting from a change of
<br />grade of streets and awards and compensation for severance damages (collectively
<br />"A wards"); provided, however, such assignment shall not impose on the Beneficiary any
<br />of the obligations of Landlord under the Lease Agreement.
<br />
<br />The Trustor hereby covenants with the Trustee and Beneficiary: (i) that at the
<br />execution and delivery hereof, Trustor owns a good and indefeasible leasehold interest in the
<br />Premises; (ii) that at the execution and delivery hereof, with respect to all Property excluding the
<br />Premises, Trustor owns the Property and has good, indefeasible estate therein, (iii) that the
<br />Property is free from all encumbrances and exceptions to title (and any claim of any other
<br />person) other than Permitted Encumbrances, (iv) that it has good and lawful right to sell,
<br />mortgage and convey the Property or Trustor's interest therein; and (v) that Trustor and its
<br />successors and assigns shall forever warrant and defend the Property against all claims and
<br />demands whatsoever.
<br />
<br />III.
<br />GENERAL AGREEMENTS
<br />
<br />3.1 Payment of Indebtedness. Trustor shall pay promptly and when due all amounts
<br />owing by Trustor in respect of the Secured Indebtedness at the times and in the manner provided
<br />
<br />- 4-
<br />
|