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<br />AND <br />, Grantor covenants and agrees with Beneficiary that: <br /> <br />ARTICLE I <br />PARTICULAR COVENANTS OF GRANTOR <br /> <br />1.1Performance of Note and Deed of Trust and the Other Loan Documents. <br /> <br />Grantor will perform, observe and comply with all provisions of the Note and this Deed of Trust <br />and the other Loan Documents secured hereby and will duly and timely pay, without relief from <br />any valuation or appraisement law, to Beneficiary the sum of money expressed in the Note with <br />interest thereon and all other sums required to be paid by Grantor pursuant to the provisions of <br />the Note and this Deed of Trust and the other Loan Documents, all without any deductions or <br />credit for taxes or other similar charges paid by Grantor. <br /> <br />1.2Title Warranties and Representations. <br /> Grantor hereby covenants with and <br />represents and warrants to Beneficiary that Grantor is indefeasibly seized of the Premises in fee <br />simple; that Grantor has full power and lawful right to convey the same as aforesaid; that it shall <br />be lawful for said Beneficiary at all times peaceably and quietly to enter upon, hold, occupy and <br />enjoy the Premises and every part thereof; that said Grantor will make such further assurances to <br />perfect the fee simple title to the Premises and Beneficiary's lien thereon, as may be reasonably <br />required; that the Premises is not subject to any liens in favor of any private or governmental <br />entity; and that Grantor does hereby fully warrant the title to the Premises and every part thereof <br />and will defend the same against the claims (whether meritorius or non-meritorius) of all persons <br />whomsoever, except for those matters set forth on Exhibit B attached hereto ("Permitted <br />Exceptions"). <br /> <br />1.3Real Estate Taxes, Assessments and Personal Property Taxes. <br /> <br />(a)On and after the occurrence of a default hereunder, or under the Note or <br />any other Loan Documents, Grantor shall upon demand pay to Beneficiary on the day monthly <br />installments of interest or monthly installments of principal and interest are payable under the <br />Note, until the Loan Documents are paid in full, a sum (herein "Funds") equal to one-twelfth of <br />the yearly real estate taxes and assessments which may attain priority over this Deed of Trust, all <br />as reasonably estimated initially and from time to time by Beneficiary on the basis of <br />assessments and bills and reasonable estimates thereof. The Funds shall be held by Beneficiary <br />and Beneficiary shall apply the Funds to pay said taxes and assessments as and when they shall <br />be due and payable. No interest shall be paid on the Funds. The Funds are pledged as additional <br />security for the sums secured by this Deed of Trust. If the amount of the Funds held by <br />Beneficiary shall not be sufficient to pay taxes and assessments as they fall due, Grantor shall <br />pay to Beneficiary any amount necessary to make up the deficiency within 15 days from the date <br />notice is mailed by Beneficiary to Grantor requesting payment thereof. Upon payment in full of <br />the Note and all of the other Loan Documents, all Funds then held by Beneficiary shall be <br />returned to Grantor. <br /> <br />(b)Except as provided in (a) above, Grantor shall pay when due according to <br />law, all taxes, assessments and other charges which are now due or may hereafter be imposed or <br />assessed against the Premises and the Collateral. Upon reasonable request, Grantor will <br />promptly send to Beneficiary receipts for the payment of all such taxes, assessments and other <br />charges. Upon the failure of Grantor to promptly pay such taxes, assessments and other charges, <br /> - 45 - <br /> <br /> <br />