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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 2021 Agreement and the 2023 <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 /> 1 . Security Provided <br /> 14 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 /> conditions of (a) the Loan Documents and (b) any Additional Bonds, as defined in <br /> and as may be executed and delivered pursuant to the Prior Agreement. <br /> 1 - 2 Present and Future Advances . This Deed of Trust is executed to secure <br /> all the County' s present and future obligations to the Trustee related to the <br /> Mortgaged Property as described in and pursuant to the Modified Deed of Trust. The <br /> total amount, including present and future obligations, that may be secured by this <br /> Modified Deed of Trust at any one time is $ 200, 000 , 000 . The period within which <br /> future obligations maybe incurred is 30 years from June 1 , 2021 . <br /> 1 - 3 Existing Deed of Trust Otherwise Confirmed . Except as provided by <br /> this Supplement, the County ratifies, approves and confirms the terns of the <br /> Existing Deed of Trust. <br /> 5 <br />