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<br /> 72-3�-1999 2 O O O U O 17 1� DEED O�TRUST , � age 2-�
<br /> Loan No 456119 (Continued)
<br /> Trust shall have the meanings atVibuted to such terms in`the Uniform C' �om'nercial.,Code. AN refere�to doilar amounts shall mean amounts in
<br /> lawful money of the United States of America. ' �` �' , "
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<br /> Credit Agreement. The words"Credit Agreement"mean the revoh(ing credit agreement dated: December 31, 1999,with a credit limit
<br /> i11 the amount Of s20,000.00, between �rustor and Lender, together with ail renewals, extensions, modifications,
<br /> refinancings,and substltuHons for the Credit Agreement.
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<br /> '� Guarantor. The word "Guarantor" means and includes without lim(tation any and alf guarantors, sureties, and accommodation parties in
<br /> connection with the Indebtedness. � ,
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<br /> Improvements. The word "Improvements" means and includes without IimiteHon all existlng and future improvements, buildings, structures,
<br /> mobile homes affixed on the Real Property,facilities,additions,replacertaents and other cbnstruction on the Relal Property.
<br /> Indebtedness. The word"Indebtedness"me8ns all principal and interest payable under the Credit Agreement and any amounts expended or
<br /> advanced by Lender to discharge obligations of Trustor or expenses�lc�xaed by Trusteq or�Lender to enforce obligations of Trustor under this ;
<br /> Deed of Trust,together with interest on such amounts as provided iihthis Deed of Trust; Speciflcelly,without Iimitation,this Deed of Trust
<br /> secures a revolvtng Iine of credit,which obllgMes Lender to make advances to Tru'stor so long as Trustor complies with all the terms
<br /> of the Credit Agreement. Such edvances may be made,repaid,arM remade trom tlme to rime,subJect to the Iimitation that the total
<br /> -outstanding balance owing at any one time;not�includin� An�chargea on seYch belance at e fixed or variable rate or sum as
<br /> provided in the Credit Agreement,any temporary overages,othet charges,and any amounts expended or advanced as provided in this
<br /> paragraph,shall not exceed the Credit LImR es provided In the+Cnedit Agreement�: It is.the intentlon of Trustor and Lender that this
<br /> Deed of Trust secures the balance outstanding ander the Crodlt,Agreement trom tlme to time irom uro up to the Credit Llmit as
<br /> provided above and any Intermedlate belance. '
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
<br /> owned by Trustor, and now or hereafter attached or affixed to the Resl Property; together with all accessions, pa�ts, and additions to, all
<br /> replacements of, and ail substitutions for, any of such property; and!bgether with aM proceeds (including without limitation all insurance
<br /> proceeds and refunds of premiums)from any sale or other disposition of the Property.
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<br /> Property. The word"Property"means collectively the Real Property an�the Personal Property.
<br /> Real Property. The words"Real Property'm�n the property,intereSts hrtd rights described�above in the"Conveyance and Grant"section.
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<br /> Related Documents. The words "Related Documents" mean snc� include without lir�iitation all promissory notes, credit agreements, loan
<br /> agreements,environmental agreements,guaranties,security agreeme�ts,�mortgages,deeds,of trust,and all other instruments,agreements and
<br /> documents,whether now or hereafter existing,executed in connection with the Indebtedrress.
<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 /> Trustor. The word"Trusto�'means any and all persons and entities bxe�uting this Deed of Trust,including without limitation all Trustors named
<br /> above. - +�� = �
<br /> THIS DEED OF TRUST, INCLUDING THE ASSIGNMBdT OF RENT$'AND THE SECIIRITY INTEREST IN THE RENTS AND PERSONAL
<br /> PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDE�7EDNESS.AND (2);PERFORMANCE OF EACH AGREEMENT AND
<br /> OBLIGATION OF TRUSTOR UNDER THE CREDIT AGREEMENT,THE AELATED UOCtIMENTS,AND THIS DEED OF TRUST. THIS DEED OF
<br /> TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: f '
<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 obligations under the Credit Agreement,this Deed of
<br /> Trust,and the Related Documenis. , . . ,
<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 end Use. Until 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 to Malntain. Trustor shall maintain the Property in tenantable condition and promp8y perform all repairs,replacements,and maintenance
<br /> necessary to preserve its velue.
<br /> Hazardous Substances. Trustor represents and warrants that the Properly 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 deflned 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 Amertdments and Reauthorization Act ("SARA"), applicable
<br /> state or Federal laws, or regulaHons adopted pursuant to any of the foregoing. Trustor suthorizes Lender and its agents to enter upon the
<br /> Property to make such inspections and tests as Lender may deem aRpropriate to determine compliance of the Property with this section of the
<br /> Deed of Trust. Trustor hereby (a) releases and waives any futur�claims against Lender for indemnity or contribution in the event Trustor
<br /> becomes liable for cleanup or other cosis under any such laws,antl (b)agrees to indemnify and hold harmless Lender against any and all
<br /> claims and losses resulHng trom a breach of this paragraph of the Deed of Trust. This obligatfon to indemnify shall survive the payment of the
<br /> Indebtedness and the satisfaction of this Deed of Trust
<br /> Nuisance,Waste. Trustor shall not cause,conduct or permit any neissnce nor commit,permit,or suffer any stripping of or waste on or to the
<br /> Property or any portion of the Property. Without limidng the generalNy 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 producis without the prior written consent of Lender.
<br /> DUE ON SALE-CONSENT BY LENDER. Lender may,at i1s option,decisre immediately due and payable all sums secured by this Deed of Trust
<br /> upon the sale or transfer,without the Lender's prior written consent, of ail or any part of the Real Properiy, or any interest in the Real Property. A
<br /> "sale or transfer"means the conveyance of Real Property or any right,title.or interest therein;whether legal,bene�cial or equitable;whether voluntary
<br /> or involuntary;whether by ouMght sale, deed,instaflment,sale contract,,y�id,contrad,contraCt for deed,leasehold interest with a term greater than
<br /> three (3) years, lease-option contract, or by sale, assignment, ar irar�sfer of any benefldal iAterest In or to any land trust holding title to the Real
<br /> Property, or by any other method of conveyance of Real Property interest. Ifi any Trustor is 8 corporetion,pa�tnership or limited liability company,
<br /> transfer also includes any change in ownership of iruore than iwe�vei.�lJr�;ent (25%)of the Votir�stock, partnership interests or limited Ilability
<br /> company interests,as the case may be, of Trustor. However,this opflorr sheN not be exercised by Lender if such exercise is prohibited by federal
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