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201403749
<br />timber which may now or later be located, situated or affixed on and used in connection therewith
<br />(hereinafter called the "Property").
<br />RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security
<br />agreements, prior mortgages, prior deeds of trust, business loan agreements, construction loan agreements,
<br />resolutions, guaranties, environmental agreements, subordination agreements, assignments of leases and
<br />rents and any other documents or agreements executed in connection with this Security Instrument whether
<br />now or hereafter existing. The Related Documents are hereby made a part of this Security Instrument by
<br />reference thereto, with the same force and effect as if fully set forth herein.
<br />INDEBTEDNESS. This Security Instrument secures the principal amount shown above as may be
<br />evidenced by a promissory note or notes of even, prior or subsequent date hereto, including future advances
<br />and every other indebtedness of any and every kind now or hereafter owing from Borrower to Lender,
<br />howsoever created or arising, whether primary, secondary or contingent together with any interest or
<br />charges provided in or arising out of such indebtedness, as well as the agreements and covenants of this
<br />Security Instrument and all Related Documents (hereinafter all referred to as the "Indebtedness "). Secured
<br />debt includes, but is not limited to, the following: Promissory Note first dated 4/19/2006 and last
<br />renewed on 12/19/2014 in the amount of $3,000,000.00 and any renewals, extensions or modifications.
<br />FUTURE ADVANCES. To the extent permitted by law, this Security Instrument will secure future
<br />advances as if such advances were made on the date of this Security Instrument regardless of the fact that
<br />from time to time there may be no balance due under the note and regardless of whether Lender is obligated
<br />to make such future advances.
<br />CROSS COLLATERALIZATION. It is the expressed intent of Grantor to cross collateralize all of its
<br />Indebtedness and obligations to Lender, howsoever arising and whensoever incurred, except any obligation
<br />existing or arising against the principal dwelling of any Grantor.
<br />WARRANTIES. Grantor, for itself, its heirs, personal representatives, successors, and assigns, represents,
<br />warrants, covenants and agrees with Lender, its successors and assigns, as follows:
<br />Performance of Obligations. Grantor promises to perform all terms, conditions, and covenants
<br />of this Security Instrument and Related Documents in accordance with the terms contained
<br />therein.
<br />Defense and Title to Property. At the time of execution and delivery of this instrument, Grantor
<br />is lawfully seised of the estate hereby conveyed and has the exclusive right to mortgage, grant,
<br />convey and assign the Property. Grantor covenants that the Property is unencumbered and free of
<br />all liens, except for encumbrances of record acceptable to lender. Further, Grantor covenants that
<br />Grantor will warrant and defend generally the title to the Property against any and all claims and
<br />demands whatsoever, subject to the easements, restrictions, or other encumbrances of record
<br />acceptable to Lender, as may be listed in the schedule of exceptions to coverage in any abstract of
<br />title or title insurance policy insuring Lender's interest in the property.
<br />Condition of Property. Grantor promises at all times to preserve and to maintain the Property
<br />and every part thereof in good repair, working order, and condition and will from time to time,
<br />make all needful and proper repairs so that the value of the Property shall not in any way be
<br />impaired.
<br />Removal of any Part of the Property. Grantor promises not to remove any part of the Property
<br />from its present location, except for replacement, maintenance, and relocation in the ordinary
<br />course of business.
<br />Alterations to the Property. Grantor promises to abstain from the commission of any waste on
<br />the Property. Further, Grantor shall make no material alterations, additions or improvements of
<br />any type whatever to the Property, regardless of whether such alterations, additions or
<br />improvements would increase the value of the Property, nor permit anyone to do so except for
<br />tenant improvements and completion of items pursuant to approved plans and specifications,
<br />without Lender's prior written consent, which consent may be withheld by Lender in its sole
<br />discretion. Grantor will comply with all laws and regulations of all public authorities having
<br />jurisdiction over the premises relating to the use, occupancy and maintenance thereof and shall
<br />upon request promptly submit to Lender evidence of such compliance.
<br />Due on Sale — Lender's Consent. Grantor shall not sell, further encumber or otherwise dispose
<br />of, except as herein provided, any or all of its interest in any part of or all of the Property without
<br />first obtaining the written consent of Lender. If any encumbrance, lien, transfer or sale or
<br />agreement for these is created, Lender may declare immediately due and payable, the entire
<br />balance of the Indebtedness.
<br />Insurance. Grantor promises to keep the Property insured against such risks and in such form as
<br />may within the sole discretion of Lender be acceptable, causing Lender to be named as loss payee
<br />or if requested by Lender, as mortgagee. The insurance company shall be chosen by Grantor
<br />subject to Lender's approval, which shall not be unreasonably withheld. All insurance policies
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