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19 <br />improvements upon their delivery to the Site, and (iv) all proceeds of all the <br />foregoing in whatever form resulting from the loss or disposition of the foregoing, <br />including all proceeds of and unearned premiums for any insurance policies <br />covering the Site and such improvements, proceeds of title insurance and <br />payments related to the exercise of condemnation or eminent domain authority, <br />and all judgments or settlements in lieu of any of the foregoing (collectively, the <br />"Facility"); <br />TO HAVE AND TO HOLD the Mortgaged Property with all privileges and <br />appurtenances thereunto belonging, to the Deed of Trust Trustee, heirs and assigns <br />forever, upon the trusts, terms and conditions and for the purposes set out below, in fee <br />simple in trust; <br />SUBJECT, HOWEVER, to the encumbrances described in Exhibit B (the <br />"Existing Encumbrances"); <br />BUT THIS CONVEYANCE IS MADE UPON THIS SPECIAL TRUST: if <br />the Required Payments (as defined below) are paid in full in accordance with this <br />Agreement, and the County shall comply with all of the terms, covenants and conditions <br />of this Agreement, this conveyance shall be null and void and shall be canceled of record <br />at the County's request and cost, and title shall revest as provided by law. <br />BUT IF, HOWEVER, THERE SHALL OCCUR AN EVENT OF DEFAULT <br />UNDER THIS AGREEMENT, then Sellers shall have the remedies provided for in this <br />Agreement, including directing the Deed of Trust Trustee to sell the Mortgaged Property <br />under power, of sale. <br />THE COUNTY COVENANTS AND AGREES with the Deed of Trust Trustee <br />and Sellers (and their respective heirs, successors and assigns), in consideration of the <br />foregoing, as follows: <br />ARTICLE I <br />DEFINITIONS; INTERPRETATION <br />Unless the context clearly requires otherwise, capitalized terms used in this <br />Agreement and not otherwise defined shall have the following meanings: <br />"Additional Payments" means any amounts (other than the Installment Payments) <br />payable by the County (or paid by Sellers on the County's behalf) as a result of its <br />3 <br />finagreemttweeter