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2ooso~3io ARTICLE III. PARTICULAR REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE GRANTOR The Grantor represents, warrants and, except as otherwise permitted by the Beneficiary, covenants with the Beneficiary as follows: Section 3.01. Authority to Execute and Deliver this Deed of Trust; All Action Taken; Enforceable Obligations. The Grantor is authorized under its articles of incorporation and bylaws or other applicable organizational documents and all applicable laws and by corporate or organizational action to execute and deliver this Deed of Trust; and this Deed of Trust is, and any amendment, supplement or restatement of this Deed of Trust, when executed and delivered will be, the legal, valid ,and binding obligations of the Grantor which are enforceable in accordance with their respective terms. Section 3.02. Authority to Convey Trust Estate; No Liens; Exception for Permitted Encumbrances; Grantor to Defend Title and Remove Liens. The Grantor has good and marketable title to all fee and leasehold estates in the Land and good, right and lawful authority to convey the Trust Estate for the purposes herein expressed. The Trust Estate is free and clear of any Lien affecting the title thereto, except Permitted Encumbrances. The Grantor will, so long as any of the Obligations shall remain unpaid, maintain and preserve the Lien of this Deed of Trust superior to all other Liens, other than Permitted Encumbrances, and will forever warrant and defend the title to the Trust Estate against any and all claims and demands. Section 3.03. No Encumbrances on Trust Estate. The Grantor will not create, incur, suffer or permit to exist any Lien on any of the Trust Estate, except for Permitted Encumbrances. Except for claims giving rise to. Permitted Encumbrances, the Grantor will promptly pay or discharge any and all obligations for or on account of which any such Lien might exist. Section 3.01. Sale or Transfer of Trust Estate. The Grantor shall not sell, lease or transfer any of the Trust Estate to any person or entity except as permitted in the Credit Agreements. Section 3.05. Payment of Obligations; Observance of Covenants. The Grantor will duly and punctually pay all Obligations, at the dates and places and in the manner provided in all Credit Agreements, and all other sums becoming due hereunder, and shall duly and punctually perform and observe all of the covenants and agreements and provisions contained herein, in the Credit Agreements and any other instrument given by Grantar as security for the payment of the Obligations. Section 3.06. Preservation of Franchises and Compliance with Laws. The Grantor will take or cause to be taken all such action as may from time to time be necessary to obtain, preserve and renew all franchises, rights of way, easements, permits, and licenses now or hereafter granted or upon it conferred necessary to the operations of the Grantor, and will comply in all material respects with all laws, ordinances, regulations, and requirements applicable to it or s