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40 <br />TO HAVE AND TO HOLD the Mortgaged Property with all privileges <br />and appurtenances thereunto belonging, to the Deed of Trust Trustee, <br />successors and assigns forever, upon the trusts, terms and conditions and for the <br />purposes set outbelow, in fee simple intrust; <br />SUBJECT, HOWEVER, to the encumbrances described in Exhibit C (the <br />"Existing Encumbrances"); <br />'BUT TffiS CONVEYANCE IS MADE UPON THIS SPECIAL TRUST: <br />if the County pays its "Obligations," as defined below, in full in accordance with <br />the Financing Contract and this Deed of Trust, and the County complies with all of <br />the terms, covenants and conditions of the Financing Contract and this Deed of <br />Trust, this conveyance will be null and void and will be canceled of record at the <br />County's request and cost, and title will revest as provided by law; <br />BUT H', HOWEVER, THERE OCCURS AN EVENT OF DEFAULT <br />UNDER THE FINANCING CONTRACT, then SunTrust will have the remedies <br />provided for in this Deed of Trust, including directing the Deed of Trust Trustee to <br />sell the Mortgaged Property under power of sale. <br />THE .COUNTY COVENANTS AND AGREES with the Deed of Trust <br />Trustee and SunTrust (and their respective heirs, successors and assigns), in <br />consideration of the foregoing, as follows: <br />1. Security Provided By This Deed of Trust <br />1-1 Security for Payment and Performance. This Deed of Trust <br />secures the County's payment, as and when the same become due and payable, of <br />all amounts payable by the County under the Financing Contract and this Deed of <br />Trust (the "Obligations") and the County's timely compliance with all terms, <br />covenants and conditions of the Financing Contract, this Deed of Trust and the <br />Project Fund Agreement (these three instruments are referred to in this Deed of <br />Trust as the "Financing Documents"). <br />1-2 Present and Future Advances. This Deed of Trust is executed to <br />secure all the County's present and future obligations to SunTrust related to the <br />Mortgaged Property. The making of future advances is subject to the terms and <br />conditions of the Financing Contract, the Project Fund Agreement and this Deed of <br />Trust. The amount of the present obligations secured by this Agreement is [Fifty <br />97561v1 40 <br />