OTHER-2025-033-Deed of trust supplement #3

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( 3 ) to charge the Mortgaged Property with that payment and performance, the County sells, grants and conveys to the Deed of Trust Trustee, her successors and assigns forever, in trust, with power of sale, the " Mortgaged Property, " as defined in the Existing Deed of Trust; along with TO HAVE AND TO HOLD the Mortgaged Property with all privileges and appurtenances belonging thereunto, to the Deed of Trust Trustee, her successors and assigns forever, upon the trusts, terms and conditions and for the purposes set out below, in fee simple in trust, SUBJECT, HOWEVER, to the encumbrances described in Exhibit B . BUT THIS CONVEYANCE IS MADE UPON THIS SPECIAL TRUST : if the County pays its " Obligations, " as defined in Section 14 below, in full and in accordance with the Loan Documents, and the County complies with all the terms, covenants and conditions of the Loan Documents, this conveyance will be null and void and will be canceled of record at the County' s request and cost, and title will revest as provided by law; BUT IF, HOWEVER, THERE OCCURS AN EVENT OF DEFAULT UNDER THE LOAN DOCUMENTS, then BNY- M will have the remedies provided for in this Modified Deed of Trust, including directing the Deed of Trust Trustee to sell the Mortgaged Property under power of sale . The County covenants with the Deed of Trust Trustee and BNY- M that the County is seized of and has the right to convey the Mortgaged Property in fee simple , that the Mortgaged Property is free and clear of all liens and encumbrances other than Permitted Encumbrances, as defined in Section 2 - 2 , that title to the Mortgaged Property is marketable, and that the County will forever warrant and defend title to the Mortgaged Property (subject to the Permitted Encumbrances) against the claims of all persons . THE COUNTY COVENANTS AND AGREES with the Deed of Trust Trustee and BNY- M (and their respective heirs, successors and assigns) , in consideration of the foregoing, as follows : 4