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2oioo79i7 <br />herein contained, and for the uses and purposes and upon the terms, conditions, provisions and <br />agreements hereinafter expressed and declared. <br />ARTICLE III. <br />PARTICULAR REPRESENTATIONS, WARRANTIES AND <br />COVENANTS OF THE GRANT�R <br />The Grantor represents, warrants and, except as otherwise permitted by the Beneficiary, <br />covcnants with the Beneficiary as follows: <br />Section 3.01. Authority to Execute and Deliver this Deed of Trust; All Action <br />Taken; Enforcea�le Obligations. The Grantor is authorized under its articles of incorporation <br />and bylaws or other applicable organizational documents and all applicable laws and by <br />corparate or organizational action to execute and deliver this Deed af Trust; and this Deed of <br />Trust is, and any amendment, supplement or restatement of this Deed of Trust, when executed <br />and delivered wrll be, the legal, valid and binding oblrgations of the Grantor which are <br />enforceable in accardance with their respective terms. <br />Section 3.U2. Authority to Convey Trust Estate; No Liens; Exception for Perrnitted <br />Encumbrances; Grantor to Defend Title and Remove Liens. The Grantor has good and <br />nnarketable title to all fee and leasehold estates in real praperty and gond, xight and lawful <br />authority to conv�y the Trust Estate fox the purposes herein expressed. The Trust Estate is free <br />and clear af any Lien affecting the title thereto, except Permitted Encumbrances. The Grantor <br />will, so lnng as any of the Indebtedness shall remain unpaid or the Credit Agreement shall <br />remain in effect, maintain and preserve the Lien of this Deed of Trust superior to all other Liens, <br />nther than Permitted Encurnbrances, and will forever warrant and defend the title to the Trust <br />Estate against any and all claims and dernands. <br />Section 3.03. No Encumbrances on Trust Estate. The Grantor will not create, incur, <br />suffer or permit to exist any Lien on any of the Trust Estate, except for Permitted Encumbrances. <br />Except far claims giving rise to Permitted Encuinbrances, the Grantor will promptly pay or <br />dischaxge any and all obligations for or on account af which any such Lien might exist. <br />Section 3.04. <br />transfer any of the <br />Agreernent. <br />Sale or Transfer of Trust Estate. The Grantor shall not sell, lease or <br />Trust Estate ta any persan or entity except as permitted in the Credit <br />Sectian 3.05. Payrnent of Obligations. The Grantor will duly and punctually pay all <br />arnounts due under the Indebtedness, at the dat�s and places and in the manner provided in the <br />Debt Instruments, and all other sums becoming due hereunder. <br />Section 3.06. Preservation of Franchises and Compliance with Laws. The Grantor <br />will take or cause to be taken all such action as may from time to time be necessary to obtain, <br />preserve and renew all franchises, rights of way, easements, permits, and licenses now ar <br />hereafter granted or upon it coxiferred necessary to the operatians of the Grantnr, and wiil cornply <br />in all rnaterial respects v�ith all laws, ordinances, regulations, and requirements a�plicable to it or <br />the Trust Estate. <br />5 <br />