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201108089 ASSIGNS, SELLS, CONVEYS and CONFIRMS,to Trustee for the benefit of the Beneficiary, on behalf of the Secured Parties, the Mortgaged Property, subject, however, only to Permitted Liens, TO HAVE AND TO HOLD the Mortgaged Property, IN TRUST, WITH POWER OF SALE, and Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND the title to the Mortgaged Property unto Trustee. ARTICLE 3 WARRANTIES, REPRESENTATIONS AND COYENANTS Grantor warrants,represents and covenants to Beneficiary as follows: Section 3.1 Title to Mortgaged Proqertv and Lien of this Instrument. Grantor owns the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Liens. This Deed of Trust creates a valid, enforceable second priority lien and security interest against the Mortgaged Property. Section 3.2 Lien Status. Grantor shall preserve and protect the second lien and security interest status of this Deed of Trust and the other Loan Documents. If any lien or security interest other than a Permitted Lien is asserted against the Mortgaged Property, Grantor shall promptly, and at its expense, (a)give Beneficiary a detailed written notice of such lien or security interest(including origin,amount and other terms), and(b)pay the underlying claim in full or take such other action so as to cause it to be released or contest the same in compliance with the requirements of the Credit Agreement (including the requirement of providing a bond or other security satisfactory to Beneficiary). Section 3.3 Pavment and Performance. Grantor shall pay the Indebtedness when due under the Credit Agreement and the other Loan Documents and shall perform the Obligations in full when they are required to be performed (subject to all applicable notice and cure periods set forth in the Loan Documents). Section 3.4 Replacement of Fixtures. Grantor shal] not, without the prior written consent of Beneficiary, permit any of the Fixtures owned by Grantor to be removed at any time from the Land or Improvements, unless the removed item is removed temporarily for maintenance and repair or is permitted to be removed by the Credit Agreement. Section 3.5 Insuection. Grantor shall permit Beneficiary and the other Secured Parties and their respective agents, representatives and employees, upon reasonable prior notice to Grantor, to inspect the Mortgaged Property and all books and records of Grantor located thereon, and to conduct such environmental and engineering studies as Beneficiary or the other Secured Parties may reasonably require, provided that such inspections and studies shall be held at reasonable intervals, and shall not materially interfere with the use and operation of the Mortgaged Property. Except during the continuation of an Event of Default, Grantor shall not be required to pay for more than one of any type of study or inspection per year. Section 3.6 Other Covenants. All of the covenants in the Credit Agreement are incorporated herein by reference and,together with covenants in this Article 3, shall be covenants running with the Land. Section 3.7 Insurance; Condemnation Awards and Insurance Proceeds. (a) Insurance. Grantor shall maintain insurance in accordance with Section 6.5 of the Credit Agreement 3 509265-1598-00754-Active.12645 846.2