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<br />200902250
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<br />exercised, or which may hereafter be owned, held, leased, acquired, enjoyed or exercised, by the
<br />Grantor for the purposes of, or in connection with the real property described in Exhibit "A"
<br />hereto or, the construction, acquisition, ownership, use or operation by or on behalf of the
<br />Grantor of all buildings and improvements located on the property encwnbered hereby, wherever
<br />located.
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<br />TOGETHER WITH all tenements, hereditaments and appurtenances belonging or
<br />otherwise pertaining to the aforesaid property or any part thereof, with all reversions, remainders,
<br />rents, income, revenues, profits, cash, proceeds, products and benefits at any time derived,
<br />received or had from any or all of the above-described property of the Grantor and all deposits or
<br />other accounts into which the same may be deposited.
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<br />TO HA VB AND TO HOLD the Trust Estate unto the Trustee and Beneficiaries, and its
<br />respective assigns forever, to secure the payment and performance of the Obligations, including,
<br />without limitation, the due performance of the covenants, agreements and provisions herein
<br />contained, and for the uses and purposes and upon the terms, conditions, provisos and
<br />agreements hereinafter expressed and declared.
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<br />ARTICLE m.
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<br />PARTICULAR REPRESENTATIONS, WARRANTIES AND
<br />COVENANTS OF THE GRANTOR
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<br />The Grantor represents, warrants and, except as otherwise pennitted by the Beneficiary,
<br />covenants with the Beneficiary as follows:
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<br />Section 3.01. Authority to Execute and Deliver this Deed of Trust; All Action
<br />Taken; Enforceable Obligations. The Grantor is authorized under its articles of incoIporation
<br />and bylaws or other applicable organizational docwnents and all applicable laws and by
<br />coIporate or organizational action to execute and deliver this Deed of Trust; and this Deed of
<br />Trust is, and any amendment, supplement or restatement of this Deed of Trust, when executed
<br />and delivered will be, the legal, valid and binding obligations of the Grantor which are
<br />enforceable in accordance with their respective terms.
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<br />Section 3.02. Authority to Convey Trust Estate; No Liens; Exception for Permitted
<br />Encumbrances; Grantor to Defend Title and Remove Liens. The Grantor has good and
<br />marketable title to all fee and leasehold estates in real property and good, right and lawful
<br />authority to convey the Trust Estate for the purposes herein expressed. The Trust Estate is free'
<br />and clear of any Lien affecting the title thereto, except Permitted Encumbrances. The Grantor
<br />will, so long as any of the Obligations shall remain unpaid, maintain and preserve the Lien of this
<br />Deed of Trust superior to all other Liens, other than Permitted Encwnbrances, and will forever
<br />warrant and defend the title to the Trust Estate against any and all claims and demands.
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<br />Secdon 3.03. No Encumbrances on Trust Estate. The Grantor will not create, incur,
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