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LU I \ V / UV F V 1 4rj 1 16t v v �soopir 0 V V / ACM 1 .J V <br /> TO HAVE AND TO HOLD the Mortgaged Property with all privileges and <br /> appurtenances belonging thereunto , to the Deed of Trust Trustee, her successors <br /> and assigns forever, upon the trusts , terms and conditions and for the purposes set <br /> out below, in fee simple in trust; <br /> SUBJECT, HOWEVER, to the encumbrances described in Exhibit B ; <br /> BUT THIS CONVEYANCE IS MADE UPON THIS SPECIAL TRUST : if the <br /> its " Obligations, " as defined in Section 14 below, in full and in <br /> County pays <br /> accordance with the Loan Documents , and the County complies with all the terms , <br /> covenants and conditions of the Loan Documents, this conveyance will be null and <br /> void and will be canceled of record at the County' s request and cost, and title will <br /> revest as provided by law; <br /> BUT IF , HOWEVER, THERE OCCURS AN EVENT" OF DEFAULT UNDER THE <br /> LOAN DOCUMENTS, then BNY- M will have the remedies provided for in this <br /> Modified Deed of Trust, including directing the Deed of Trust Trustee to sell the <br /> Mortgaged Property under power of sale . <br /> The County covenants with the Deed of Trust Trustee and BNY- M that the <br /> County is seized of and has the right to convey the Mortgaged Property in fee simple , <br /> that the Mortgaged Property is free and clear of all liens and encumbrances other <br /> than Permitted Encumbrances, as defined in the Prior Agreement and the 2022 <br /> Agreement, that title to the Mortgaged Property is marketable, and that the County <br /> will forever warrant and defend title to the Mortgaged Property (subject to the <br /> Permitted Encumbrances ) against the claims of all persons . <br /> THE COUNTY COVENANTS AND AGREES with the Deed of Trust Trustee and <br /> BNY- M ( and their respective heirs , successors and assigns) , in consideration of the <br /> foregoing, as follows . <br /> 14 Security Provided <br /> r <br /> 1 - 1 Security for Payment and Performance . The Modified Deed of <br /> Trust secures the County' s payment, as and when the same become due and <br /> payable, of all amounts payable by the County under the Loan Documents (the <br /> " Obligations " ) and the County' s timely compliance with all terms , covenants and <br /> 5 <br />