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<br />Bk Vol pg
<br />05020201 OPR 2726 523
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<br />1.2 As used herein, the word "Holder" means the holder or holders of all or any portion of
<br />the Obligation at the time in question.
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<br />SECTION 2. CERTAIN REPRESENTATIONS. WARRANTIES. AND COVENANTS.
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<br />2.1 Grantor represents and warrants to Holder that: (a) Grantor has all requisite power and
<br />authority to execute, deliver, and comply with the terms of this instrument; (b) the Accessories are or will
<br />be used as equipment in Grantor's business and not as inventory, or as goods leased or held for lease by
<br />Grantor; (c) the Accessories will not be used, acquired or held for use in a consumer transaction; (d) the
<br />statements contained herein concerning Grantor's mailing address are true and correct; and (d) Grantor is
<br />lawfully seized of the Mortgaged Property.
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<br />2.2 Grantor represents and warrants to Holder that Grantor's: (a) chief executive office is
<br />located in the State of Missouri; and (b) state of organization, exact legal name, organizational number
<br />and organizational structure are as set forth in the first paragraph of this Deed of Trust. Until the
<br />Obligation is paid in full, Grantor agrees that it will: (a) preserve its current status of existence and not, in
<br />one transaction or a series of related transactions, merge into or consolidate with any other entity, or sell
<br />all or substantially all of its assets; (b) not change the state where it is located; and (c) not change its name
<br />without providing Holder with thirty (30) days' prior written notice.
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<br />2.3 Grantor covenants and agrees with Holder to: (a) Maintain the insurance policies on the
<br />Mortgaged Property as required by the Loan Agreement;(b) comply with all valid laws, ordinances, and
<br />regulations applicable to the Mortgaged Property and its ownership, use, and operation, and comply with
<br />all, and not violate any, easements, restrictions, agreements, covenants, and conditions with respect to or
<br />affecting any of the Mortgaged Property; (c) at all times maintain, preserve, and keep the Mortgaged
<br />Property in good repair and condition, and from time to time to make all necessary and proper repairs,
<br />replacements, and renewals; not commit or permit any waste on or of the Mortgaged Property; and not do
<br />anything to the Mortgaged Property that may materially impair its value; (d) pay, or cause to be paid,
<br />before delinquent, all lawful taxes and assessments of every character in respect to all or any part of the
<br />Mortgaged Property and, from time to time, upon request of Holder, furnish to Holder evidence
<br />satisfactory to Holder of the timely payment of such taxes and assessments; (e) allow Holder to inspect
<br />the Mortgaged Property and all records relating thereto or to the Obligation and to make and take away
<br />copies of such records. (:1) promptly pay all bills for labor and materials incurred in connection with the
<br />Mortgaged Property; never permit to be fixed against any of the Mortgaged Property any Lien, even
<br />though inferior to the Liens hereof, for any such bill which may be legally due and payable; and never
<br />permit to be created or exist in respect of any of the Mortgaged Property any other or additional Lien on a
<br />parity with or superior to the Liens hereof, except for the Lien for ad valorem taxes that are not yet due
<br />and payable; (g) not, without the prior written consent of Holder (which consent may be withheld with or
<br />without cause), sell, trade, transfer, assign, exchange, or otherwise dispose of any of the Mortgaged
<br />Property except items of the Accessories which have become obsolete or worn beyond practical use and
<br />which have been replaced by adequate substitutes having a value equal to or greater than the replaced
<br />items when new and except sales, trades, transfers, assignments, exchanges, or other dispositions in
<br />connection with which the grantee or transferee expressly assumes and unconditionally agrees to pay and
<br />perform the Obligation; (h) promptly deliver to Holder the terms of any sale of the Mortgaged Property,
<br />or any part thereof, provided that neither this provision nor any provision in Section 5 shall be construed
<br />to impliedly or expressly authorize any action by Grantor contrary to any other provision of this
<br />instrument; (i) not cause or permit any of the Accessories to be removed from the county and state where
<br />the Land is located, except items of the Accessories which have become obsolete or worn beyond
<br />practical use and which have been replaced by adequate substitutes having a value equal to or greater than
<br />the replaced items when new; G) continuously maintain Grantor's existence and its right to do business in
<br />Texas; (k) at any time, and from time to time, upon request by Holder, forthwith execute and deliver to
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<br />CITY OF SAN MARcos-JQH DEED OF TRUST
<br />779100.6
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