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has good and marketable title to all of the Property; (iii) other than as limited by the Loan <br />Documents, Trustor has the full and unlimited power, right and authority to encumber the <br />Property and assign the Rents; (iv) this Deed of Trust creates a valid lien on Trustor's entire <br />interest in the Property subject only to encumbrances of record and senior liens permitted <br />pursuant to the Loan Documents or otherwise approved in writing by Beneficiary ("Permitted <br />Encumbrances"); (v) except with respect to Permitted Encumbrances, Trustor owns the <br />Property free and clear of all deeds of trust, mortgages, security agreements, reservations of title <br />or conditional sales contracts, (vi) there is no financing statement affecting the Property or any <br />part thereof on file in any public office other than as disclosed in writing to Beneficiary; and (vii) <br />the correct address of Trustor's chief executive office is specified in Section 10.2. <br />7.2 Condition of Property. Trustor represents and warrants that except as disclosed to <br />Beneficiary in writing, as of the date hereof: (i) Trustor has not received any notice from any <br />governmental authority of any threatened or pending zoning, building, fire, or health code <br />violation or violation of other governmental regulations concerning the Property that has not <br />previously been corrected, and except as disclosed to Beneficiary in writing, no condition on the <br />Land violates any health, safety, fire, environmental, sewage, building, or other federal, state or <br />local law, ordinance or regulation; (ii) except as disclosed to Beneficiary in writing, no contracts, <br />licenses, leases or commitments regarding the maintenance or use of the Property or allowing <br />any third party rights to use the Property are in force; (iii) there are no threatened or pending <br />actions, suits, or administrative proceedings against or affecting the Property or any portion <br />thereof or the interest of Trustor in the Property; (iv) there are no threatened or pending <br />condemnation, eminent domain, or similar proceedings affecting the Property or any portion <br />thereof; (v) Trustor has not received any notice from any insurer of defects of the Property which <br />have not been corrected; (vi) there are no natural or artificial conditions upon the Land or any <br />part thereof that could result in a material and adverse change in the condition of the Land; (vii) <br />all information that Trustor has delivered to Beneficiary, either directly or through Trustor's <br />agents, is accurate and complete; and (viii) Trustor or Trustor's agents have disclosed to <br />Beneficiary all material facts concerning the Property. <br />7.3 Authority. Trustor represents and warrants that this Deed of Trust and all other <br />documents delivered or to be delivered by Trustor in connection herewith: (a) have been duly <br />authorized, executed, and delivered by Trustor; (b) are binding obligations of Trustor; and (c) do <br />not violate the provisions of any agreement to which Trustor is a party or which affects the <br />Property. Trustor further represents and warrants that there are no pending, or to Trustor's <br />current actual knowledge, threatened actions or proceedings before any court or administrative <br />agency which may adversely affect Trustor's ownership of the Property. <br />7.4 Payment and Performance of Secured Obligations. Trustor shall promptly pay <br />when due the principal and all interest due on the indebtedness evidenced by the Note, and shall <br />promptly pay and perform all other obligations of Trustor arising in connection with the Secured <br />Obligations or the Loan Documents in accordance with the respective terms thereof. <br />7.5 Use of Loan Proceeds; Preservation and Maintenance of Property; Compliance <br />with Laws. Trustor covenants that it shall use the proceeds of the Loan (the "Loan Proceeds") <br />solely for purposes authorized by the Loan Documents. Trustor covenants that it shall keep the <br />Land and Improvements in good repair and condition, ordinary wear and tear excepted, and from <br />Page 6 of 25 <br />REV: 05-29-19 VR <br />ATTY/AGR.2019.151/Redwood Oaks Associates It LP - A&R Deed of Trust <br />