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NOW, THEREFORE, for good and valuable consideration, receipt <br /> of which is hereby acknowledged, the Seller hereby assigns and <br /> transfers, conveys and warrants to Security Pacific Bank <br /> Washington, N.A. as Trustee ("Trustee") under that certain Trust <br /> Agreement dated , between the Trustee and <br /> the Underwriter: <br /> A. All of Contractor's Seller's right, title and interest <br /> in, under and to the Amended and Restated the Ground Lease, —a <br /> memorandum of which is rccordcd under Snohomish County Auditor's <br /> Rcfcrcnce No. , subject to the City's rights <br /> therein. <br /> B. All of Contractor's Seller's right, title and interest <br /> in the Improvements, con3tructcd on the Property and in that <br /> dated _ , including Amendment No. _ <br /> thereto, but excluding Seller's express and implied warranties <br /> retained by and shall continue to be the obligation of Seller, <br /> and subject to the City's rights therein. The street address of <br /> the Improvements is f l ows : <br /> 36th Street and Rucker Avenue, Everett, Washington <br /> C. All of Contractor's Seller's right, title and interest <br /> in, under and to the Amended and Restated Lease, by and bctwccn <br /> City and Contractor Seller dated , a memorandum of which <br /> is recorded under Snohomish County Auditor's Reference <br /> No. , subject to the City's rights therein. <br /> D. In the event the Amended and Restated Lease is ever <br /> deemed by a court of proper jurisdiction or otherwise to evidence <br /> a sale of the Improvements and the retention by Seller of a <br /> security interest in said Improvements, all of Seller's right, <br /> title and interest in said security interest. <br /> The Improvements, Amended and Restated Ground Lease and <br /> Amended and Restated Lease as assigned shall be held under the <br /> Trust Agreement for the benefit of the owners from time to time <br /> of the Certificates delivered pursuant to the Trust Agreement by <br /> and between Trustee and Underwriter under date of <br /> Trustee hereby agrees to and accepts such <br /> Assignment and Deed and, in addition, expressly assumes and <br /> agrees to keep, perform and fulfill all of the terms, covenants, <br /> obligations and conditions required to be kept, performed and <br /> fulfilled by Contractor under or with respect to the Amended and <br /> Restated Ground Lease and Amended and Restated Lease from and <br /> after the date hereof. The assignment hereunder to the Trustee <br /> is solely in its capacity as Trustee under the Trust Agreement, <br /> and the duties, powers and liabilities of the Trustee in acting <br /> hereunder shall be subject to the provisions of the Trust <br /> A-C-2 <br />