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' municipal wrporation,county� atate or other governmental or quasi-governmer,.�...�i.l�y r�tevant , <br /> .��"' to the development,improvement ar use of all ar any portion of the Property;and(�all rights of <br /> ��""''� Trustor in and to any escrow or withhold agreements, surety bonds, warranties� management - <br /> ,.{.... <br /> . 1 conaacts, leasing or sales agreements with any real estate agents or brokers, and service contracts <br /> . ;; with any enaty,which are in any way relevant to the developrnent, improvement, leasing, sale or - <br />. �� ,,� use of the Praperty or any personal property located there�n; and 1;:_� <br /> � r;, all of said items wliether now or hereafter installed being hereby dcclared to be,for all purposes of �_;-- <br /> � this Deed of Trost, a part of the realry; and all the estate, interest or other claim or demand, - <br /> . �, including ins�ranc�,in law as well as in equity,which Trustor now has or may hereafter acquire, _ <br /> � � ��. in and to the aforesaid property;the specific enumerations herein not excluding the general. The .: <br /> � Properry and all of the foregoing shall consritute the "Trust Property". ` <br /> This Deed of Trust is made for the purpose of securing, in such order of priority as ,� <br /> ^ Beneficiary may elect: (a) payment of the indebtedness in the sum of$30Q,000.0(1 evidenced by <br /> that certain Deed of Trust Note of even date herewith made by Trustor, delivered to neneficiary <br /> and payable to its order, with final payment due on the lst day of January, 2008� which is the = <br /> mawrlty date of this Deed of Trust. and any ansi all modificadons,extensions or renewals thereof, �= <br /> � whether hereafter evidenced by the Note or otherwise(the "Note");(b)payment of interest on said =- <br /> � � indebtedness according to the terms of the Note; (c) payment of all other sums, with interest as _ <br /> herein provided, becoming due and payable under the provisions hereof to Trustee or Beneficiary; <br />..� ' • , (d) perforniance of each and every condidon, obligation, covenant, promise and agreement of <br /> � Trustor contained herein, or in the Note, or in any loan agreement relative to any indebtedness <br />� � � evidenced by the Note,or in any security agreement or deed of trust at any tirne given to secure any <br /> - indebtedness hereby secured or any part thercuf; and (e} payment of such addidonal svms with ° <br /> interest thereon as may be hereafter advanced by or borrowed from the Beneficiary, its successors <br /> � �- or assigns,by the then record owner or owners of the Trust Property when evidenced by another <br /> promissory note or notes which are by the terms thereof secured by this Deed of Trust. To the <br /> extent permitted by law, any sums hereafter advanced by or borrowed from Beneficiary� its <br /> , „' . successors or assign.s, shall have the same prioriry as the original sums advanced by Beneficiary and _ <br /> :" �. :��� secured hereby. _ <br />- � ' ��� 'I'rustor's Covenants and Warrant�es. Trustor hereby wanrants thar. (a) Trustor is the <br /> ` owner ira fee simple absolute of the Property and every part thereof; (b)the Trust Property is free, _ <br />�"� � and will be kept free, from all liens and encumbrances� except those accepted by Beneficiary in � <br />; � writing, ancl Tn.stor will defend the title hereby granted to and in favor of Trustee and Beneficiary = <br /> � . as against all and every person clairn+ng or to claim the same; (c)the loan proceeds are not for use _ <br /> primarily for personal,family or household purposes; (d)to the best of Trustor's knowledge af�er <br /> � due inquiry into previous ownership and use of the Trust Property, there are no Hazardous <br />_ Substances(as defined below) located on the Trust Froperty and Trustor will not place or permit <br />- to be placed on the Trust Property any Hazardous Substances (as defined below),except in minor <br /> quandties as necessary for the operation and maintenance of the Trust Property, used and stored in <br /> accordance with applicable law,or in the form of consumer products held for retail sale in sealed <br /> Deed of Tcust.Auignment of Renu.SecuHry Ageement ud Pixmre Filing(N8-9/9'l) <br /> PAGfl 3 <br /> P:\CIASINdWBENDIK�DOCS�1997\RAZOL!'S\97092314\DOT.W P6 <br /> � J <br /> -- l �-_ <br />= , _ . �. � :� , <br />:, � � i _ <br />