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.. •■ �ffI+ <br /> � ''` �{.I �/ �y� 1�45 • ' � <br /> �2'2$'�999 2 0 0 0 0 0 o i � DEED OF TRUST Page 2 <br /> Loan No 765972 (Corrtinued) . <br /> Rents and the Personal Property deflned below. <br /> DEFINITIONS. The following words shall have the following mesnings 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 Uniform Commercial Code. All references to dollar amounts shall mean amounts in <br /> lawful money of the United States of America. <br /> Beneflciary. The word"Beneficiary"means Five Points Bank, its successors and assigns. Five Points Bank also is referred to as"Lender"in <br /> this Deed of Trust. <br /> Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all <br /> assignment and security interest provisions relating to the Personal Property and Rents. <br /> bcisting Indebtedness. The words"Existing Indebtedness" mean Ehe indebtedness described below in the Existing Indebtedness section of <br /> this Deed of Trust. <br /> Guarantor. The word "Guarantor" means and includes without limitation any and all guarantors, sureties, and accommodation parties in <br /> connection with the Indebtedness. <br /> Improvements. The word "Improvements"�ans and includes without limitation all existing and future improvements, buildings, structures, <br /> mobile homes aifixed on the Real Property,facilities,additions,replacements and other construction on the Real Property. <br /> Indebtedness. The word"Indebtedness"means all principal and interest payable under the Note and any amounts expended or advanced by <br /> Lender to discharge obligations of Trustor or expenses incurred by Trustee or Lender to enforce obligations of Trustor under this Deed of Trust, <br /> together with irterest on such amaunts as provided in tfiis �eed o!Trtsst. In �ddltion !a the N�te, the word "Indebtedness" :r.c!ut�ss all <br /> obligations,debts and liabilities,plus interest thereon,of Trustor to Lender,or any one or more of them,as weli as all claims by Lender against <br /> Trustor,or any one or more of them,whether now e�dsting or hereafter arising,whether related or unrelated to the purpose of the Note,whether <br /> voluntary or otherwise,whether due or not due,absolute or conHngent,liquidated or unliquidated and whether Trustor may be liable individually <br /> or jointly with others,whether obligated as guarantor or otherwise,and whether recovery upon such Indebtedness may be or hereafter may <br /> become barred by any statute of Ifmitations,and whether such Indebtedness may be or hereafter may become otherwise unenforceable. This <br /> Deed of Trust secures,in addition to the amounts specified in the Note,future advances in the amount of$100,000.00,together with all interest <br /> thereon,which future advances Lender is obligated to make so long as Trustor complies with all the terms and conditions of the Note or other <br /> loan a reement; however, in no event shall such future advances (excludin interest) exceed in the aggregate$100,000.00. The lien of <br /> this �eed of Trust shall not exceed at any one time $100,�.00. : <br /> Lender. The word"Lender"mesns Five Polnts Bank,its successors and assigns. <br /> Note. The word "Note"means the Note dated December 28,1999,in the principal amount of �57,148.54 from Trustor to Lender, <br /> together with all renewals,extensions,modiflcations,refinancfngs,and substitutions for the Note. <br /> Personal Property. The words "Personal Property" mean ell equipment, fatures, and other articles of personal property now or hereafter <br /> owned by Trustor, and now or hereafter attached or affaed to the Real Property; together with all accessions, parts, and additions to, all <br /> replacemenis of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance <br /> proceeds and refunds of premiums)from any sale or other disposition 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,interesls and righis 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 agreemenis,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 all present and future rents,revenues, income, issues,royalties, proflts, and other benefits derived from the <br /> Property. <br /> Trustee. The word'Trustee"means Five Points Bank and any substitute or successor trustees. <br /> Trustor. The word'Trustor"means any and all persons and entities executing this Deed of Trust,including without limitation all Trustors named <br /> �b4ve. _ __ _ <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,TNE 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 strictly and in a timely manner perform all of Trustor's obligafions 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 /> Possesslon end Use. Until the occurrence of an Event of Default,Trustor may (a)remain in possession and conhol of the Property, (b)use, <br /> operate or manage the Property,and (c)collect any Rents from the Property. <br /> Duty to Malntain. Trustor shall maintain the Property in tenantable condition and prompBy perform all repairs,replacements,and maintenance <br /> necessary to preserve its value. <br /> Hazardous Substances. The terms"hazardous waste,""hazardous substance,""disposal,""release,"and"threatened release,"as used in this <br /> Deed of Trust, shall have the same meanings as set forth in the Comprehensive Environmental Response,Compensation, and Liability Act of <br /> 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA'�, the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. <br /> 99-499("SARA'�,the Hezardous Materials Transportation Act,49 U.S.C. Section 1801,et seq.,the Resource Conservation and Recovery Act, <br /> 42 U.S.C.SecHon 6901,et seq., or other applicable state or Federal Iaws,rules, or regulations adopted pursuant to any of the foregoing. The <br /> terms"hazardous waste"and"hazardous substance"shall also include,without limitation,petroleum and petroleum by--products or any fraction <br /> thereof and asbestos. Trustor represenis and warrants to Lender that: (a)During the period of Trustor's ownership of the Property,there has <br /> been no use,generaHon,manufacture,storage,treatment,disposal,release or threatened release of any hazardous waste or substance by any <br /> person on,under,about or from the Properiy; (b)Trustor has no knowfedge of,or reason to believe that there has been,except as previously <br />