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201005525
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Last modified
8/5/2010 4:33:43 PM
Creation date
8/5/2010 4:33:41 PM
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DEEDS
Inst Number
201005525
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201005525 <br />additional loans or advances ar readvances are evidenced by any notes of Grantor and whether or <br />not identified by a recital that it or they are secured by this Deed of Trust. <br />ARTICLE III. <br />PARTICULAR REPKESENTATIONS, WARRANTYES AND <br />COVENANTS OF THE GRANTOR <br />The Grantor represents, warrants and, except as otherwise permitted by the Beneficiary, <br />covenants with the Beneficiary as follows: <br />Section 3.U1. Authority to Execute and Deliver this Deed of 'T'rust; All Action <br />Taken; Enforceable Obligations. The Grantor is authorized under its articles of incorporation <br />and ,bylaws or other applicable organi~atianal documents and all applicable laws and by <br />corporate or organizational action to execute and deliver this Deed of Trust; and this Ueed 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. <br />Section 3.U2. 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 the Land and good, right and lawful authority <br />to convey the "!'rust F',state for the purposes herein expressed. "rhe Trust )Jstate is free and clear <br />of any Lien affecting the bile thereto, except Permitted Encumbrances. The Grantor will, sa long <br />as any of the Obligations shall remain unpaid, maintain and preserve the Lien of this Deed of <br />Trust superior to all other Liens, other than Permitted kncumbrances, and will forever warrant <br />and defend the title to the Trust Estate against any and all claims and demands. <br />Section 3.Q3. No Encumbrances on Trust Estate. The Grantor will not create, incur, <br />suffer ar permit to exist any Lien on any of the Trust >astate, except for Permitted Encumbrances. <br />Except for claims giving rise to Permitted Encumbrances, the Grantor will promptly pay or <br />discharge any and all obligations for or an account of which any such Lien might exist. <br />Section 3.U4. Sale or Transfer of Trust Estate. The Grantor shall not sell, lease, or <br />transfer any of the Trust Estate to any person or entity except as permitted in the Credit <br />Agreements. <br />Section 3.U5. Payment of Obligations; Observance of Covenants. The Grantor will <br />duly and punctually pay all Obligations, at the dates and places and in the manner provided in all <br />Credit Agreements, and all other sums becoming due hereunder, and shall duly and punctually <br />perform and observe all of the covenants and agreements and provisions contained herein, in the <br />Credit Agreements and any other instrument given by Grantor as security for the payment of the <br />Obligations. <br />s <br />
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