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ago <br />the effective use, nor materially decrease the value or substantially alter the intended use, <br />of the Mortgaged Property. The County shall do, or cause to be done, all such things as <br />may be required by law in order, fully to protect the security of and all Sellers' rights <br />under this Agreement. <br />(c) Any and all additions to or replacements of the Facility and all parts thereof <br />shall constitute accessions to the Facility and shall be subject to all the terms and <br />conditions of this Agreement and included in the "Facility" for the purposes of this <br />Agreement. <br />(d) Notwithstanding the provisions of subsection (c.) above, however, the County <br />may, from time to time in its sole discretion and at its own expense, install machinery, <br />equipment and other tangible property in or on the Facility. All such property shall <br />remain the County's sole property in which Sellers shall have no interest; provided, <br />however, that any such property which becomes permanently affixed to the Facility shall <br />be subject to the lien and security interest arising under this Agreement if Sellers shall <br />reasonably determine that the Facility would be damaged or impaired by the removal of <br />such machinery, equipment or, other tangible property. <br />5.05. Utilities. The County shall pay all charges for utility services furnished to <br />or used on or in connection with the Site and the Facility. <br />5.06. Risk of Loss. The County shall bear all risk of loss to and condemnation of <br />the Site and the Facility. <br />5.08. Title. Title to the Site and the Facility and any and all additions, repairs, <br />replacements or modifications thereto shall at all times be in the County, subject to the <br />lien of this Agreement. Upon the County's payment in full of all Required Payments, <br />Sellers, at the County's expense and request, shall cancel this Agreement. <br />5.10. Damage and Destruction. The County shall promptly notify Sellers if (a) <br />the Mortgaged Property or any portion thereof is stolen or is destroyed or damaged by <br />fire or other casualty, (b) a material defect in the construction of the Facility shall become <br />apparent, or (c) title to or the use of all or any portion of the Mortgaged Property shall be <br />lost by reason of a defect in title. Each notice shall describe generally the nature and <br />extent of such damage, destruction or taking. <br />ARTICLE VI <br />THE DEED OF TRUST TRUSTEE <br />10 <br />finagreemttweeter