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<br /> 05-13-1998 DEED OF TRUST Page 2
<br /> Loan No 760090 98.� ��y,4�s9 (Continued)
<br /> future leases of the Property and afi Rents from the Property. In addiHon,Trustor grants Lender a Uniform Commercial Code securiiy interest in the
<br /> Rer�*s and the Personal Property deHned below.
<br /> ' DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust. Terms not otherwise defined in this Deed of
<br /> Trust shall have the meanings attributed to such terms in the Unfform Commercial Code. All references to dollar amounts shall mean amounts in
<br /> lawful money of the United States of America.
<br /> Existing Indebtedness. The words"Existing Indebtedness" mean the indebtedness described below in the Existing Indebtedness section of
<br /> this Deed of Trust.
<br /> Guarantor. The word "Guaranto�' means and includes without Bmitation any and all guarantors, suretles, end accommodation parties in
<br /> connection with the Indebtedness.
<br /> Improvements. The word "Improvements" means and includes without Umitation all existing and future improvements, buildings, structures,
<br /> mobile homes a(fixed on the Real Property,faciliBes,additions,replacements and other construction on the Real Property.
<br /> Indebtedness. The word"Indebtedness"means all principat and interest payable under the Note and any amounts expended or advanced by
<br /> Lender to discharge obligations of Trustor or expenses incuned by Trustee or Lender to enforce obligations of Trustor under this Deed of Trust,
<br /> together with interest on such amounts as provided in this Deed of Trust. Specifically,without limitation,this Deed of Trust secures,in addition
<br /> to the amounts specified(n the Note,ali future amounts Lender in its discretion may loan to Trustor,to ether with all interest thereon;however
<br /> in no event shall such future advances (excludin interest) exceed in the aggregate a25,000.00. �e lien of this Deed of Trus#
<br /> shall not exceed at any one time s25,�0.00.
<br /> Note. The word "Note" means the Note dated May 13, 1998, in the principal amount of 578,382.57 from Trustor to Lender,
<br /> together with all renewals, extensions, modiflcaHons, reflnancings, and substitutions for the Note. The maturity date of this Deed of Trust is
<br /> December 20,2001.
<br /> Personal Property. The words "Personal Properiy" mean all equipment, fixtures, and other articles of persona� property now or hereaffer
<br /> owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
<br /> replacements of, and all substituHons for, any of such property; and together with aii proceeds (including without Ifmitation all insurance
<br /> proceeds and refunds of premiums)irom any sale or other disposidon of the Property.
<br /> Property. The word"Property"means collectively the Real Property and the Personal Property.
<br /> Real Property. The words"Real Property"mean the property,interests and�(ghts described above In the"Conveyance and Grant"section.
<br /> Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
<br /> agreements,environmental agreements,guaranties,security agreements, mortgages,deeds of trust,and all other instruments,agreements and
<br /> documents,whether now or hereafter existing,executed in connection with the Indebtedness.
<br /> Rents. The word"Rents"means ail present and future rents, revenues, income, fssues,royalties, profits, and other beneflts derived from the
<br /> Property.
<br /> Trustor. The word'Trustor"means any and all persons end entities executing this Deed of Trust,including without limitat(on ali Trustors named
<br /> above.
<br /> THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br /> PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2)PERFORMANCE OF ANY AND ALL OBLIGATIONS OF
<br /> TRUSTOR UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED
<br /> ON THE FOLLOWING TERMS:
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Trustor shall pay to Lender all amounts secured by this Deed
<br /> of Trust as they become due,and shall sMctly and in a timely manner pertorm all of Trustor's obligations under the Note,this Deed of Trust,and the
<br /> Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by
<br /> the following provisions:
<br /> Possession And Use. Untfl the occurrence of an Event of Default,Trustor may (a)remain in possession and control of the Property, (b)use,
<br /> operate or manage the Property,and (c)collect any Rents from the Property.
<br /> Duty!o!dalntain. Trustor shall maintain the�roperty in tenantable condition and promptly pertorm atl repairs,replac�ments,and maintenance
<br /> necessary to preserve its value.
<br /> Hazardous Substances. Trustor represents and warrants that the Prope�ty never has been, and never will be so long as this Deed of Trust
<br /> remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br /> hazardous waste or substance,as those terms are defined in the Comprehensive Environmentai Response, Compensation and Liabiliry Act of
<br /> 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act ("SARA"), applicable
<br /> state or Federal Iaws, or regulations adopted pursuant to any of the foregoing. Trustor authorizes Lender and Its agents to enter upon the
<br /> Property to make such inspections and tests as Lender may deem appropriate to determtne compliance of the Property with this section oi the
<br /> Deed of Trust. Trustor hereby (a) releases and waives any future ciaims against Lender for indemnity or contribution in the event Trustor
<br /> becomes Uable for cleanup or other costs under any such laws, and (b)agrees to indemni(y and hold harmless Lende�against any and all
<br /> claims and losses resulting from a breach oi this paragraph of the Deed of Trust. This obligation to indemnNy shall survfve the payment of the
<br /> Indebtedness and the satisfaction of this Deed of Trust.
<br /> Nulsance,Waste. Trustor shall not cause,conduct or permit any nuisance nor commlt, permit,or suffer any stripping of or waste on or to the
<br /> Property or any portion of the Property. Without limiting the generality of the foregoing,Trustor will not remove,or grant to any other party the
<br /> right to remove,any timber,minerals(including oil and gas),soil,gravel or rock products without the p�for written consent of Lender.
<br /> DUE ON SALE—CONSENT BY LENDER. Lender may,at its option,declare immediately due and payable ali sums secured by this Deed of Trust
<br /> upon the sale or transfer, without the Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A
<br /> "sale or transfer"means the conveyance of Real Prope►ty or any right,title or interest therein;whether legal,beneficial or equftable;whether voluntary
<br /> or involuntary;whether by ouMght sale, deed,installment sale contract,land contract,contract for deed, leasehold interest with a term greater than
<br /> three (3) years, lease--option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real
<br /> Property, or by any other method of conveyance of Real Property interest. If any Trustor is a corporation, parfnership or limited liability company,
<br /> transfer also includes any change in ownership of more than twenty—five percent (25%)of the voting stock, partnership interests or limited liability
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