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HomeMy WebLinkAbout2337 ARTICLE IV 4. Representations and Warranties. In order to induce the Beneficiaries to purchase the Notes, the Company repres-ents and warrants that it (a) has full power, authority and legal right to execute and deliver this Indenture and the Individual Mortgages and to encumber the Properties as provided herein and (b) has good and marketable fee simple title to the Properties, free and clear of all liens and encumbrances except this Indenture, the Individual riortgages and Perr.u.tted Encum- Yirances. The Individual Mortgages and this Indenture constitute valid first mortgages on, or first deeds of trust of, all of the Properties, and the Company, at its expense, will warrant and defend its title to the Properties and the secu- rity priority of the Individual Mortgages and this Indenture thereon against all claims and demands and will maintain and preserve such security priority as long as any indebtedness secured by this Indenture remains outstanding. - ; ARTICLE V ~ ' S. Affirmative Covenants. Until this Indenture ' and the lien created ereby shall terminate in accordance with ~ Article XXVI the Company shall: ~ ; Y (a) Recordation, Filing, etc. At all times ~ ~ cause the Individual t~iortgages and each amendment or ~ modification thereof or supplement thereto and finan- ~ cing s tatements and continuation statements in respect ~ of the Fixtures to be recorded, registered and filed and ' kept recorded, regis tered and filed in such manner and ` ~ in such places as appropriate, and comply with all % ~ applicable statutes and regulations, in order to establish, ~ preserve and protect the security priority of the Indivi- ~ dual Mortgages and this Indenture on the Properties and ; the rights of the Trustees and the Beneficiaries there- ~ under and hereunder. The Company shall pay, or cause to be paid, all taxes, fees and other charges incurred in connection with such recording, registration, filing and compliance. ~ (b) Maintenance and Repairs. Keep and maintain cr cause Lessee to keep and maintain each Property in good order, repair and operating condition (ordinary wear and zr: h-`~ . ~ii .~e9.`~ &:r ~'y3 t ~ 3 ~ `=W 1 2 'sK?'~s ~i, ~:K ~ ~V1J1~ ~ ~ ~ ~ . , ~ _ . . . _ . - - I _ _ ~_y-s - Y ~~••~t, _ _ _ - -