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performance of any such obligations of Trustor. <br />201500079 <br />(c) Payment and performance of all obligations, if any, and the contracts under which they arise, which <br />any rider attached to and recorded with this Deed of Trust recites are secured hereby. <br />(d) Payment to Beneficiary of all liability, whether liquidated or unliquidated, defined, contingent, <br />conditional or of any other nature whatsoever, and performance of all other obligations, arising under <br />any swap, derivative, foreign exchange or hedge transaction or arrangement (or other similar transaction <br />or arrangement howsoever described or defined) at any time entered into with Beneficiary in connection <br />with any Secured Obligation. <br />(e) Payment and performance of all funds advanced by Beneficiary to or for the benefit of Borrower or <br />Trustor pursuant hereto or pursuant to any other document securing or relating to the Secured <br />Obligations or otherwise, and all other debts, obligations and liabilities of Borrower or Trustor to <br />Beneficiary of whatever kind or character. The payment of all Secured Obligations shall not terminate <br />this Deed of Trust unless the lien created hereby is released in writing by Beneficiary, it being <br />contemplated that Borrower or Trustor from time to time will become additionally indebted to Beneficiary, <br />all of which indebtedness shall be secured by this Deed of Trust until the lien hereof is so released in <br />writing by Beneficiary. <br />(f) All modifications, extensions and renewals of any of the Secured Obligations (including without <br />limitation, (i) modifications, extensions or renewals at a different rate of interest, or (ii) deferrals or <br />accelerations of the required principal payment dates or interest payment dates or both, in whole or in <br />part), however evidenced, whether or not any such modification, extension or renewal is evidenced by a <br />new or additional promissory note or notes, loan or credit agreement, confirmation letter and disclosure, <br />change in terms agreement, or other evidence of debt. <br />2.2 Obligations. The term "obligations" is used herein in its most comprehensive sense and includes any <br />and all advances, debts, obligations and liabilities heretofore, now or hereafter made, incurred or <br />created, whether voluntary or involuntary and however arising, whether due or not due, absolute or <br />contingent, liquidated or unliquidated, determined or undetermined, joint or several, including without <br />limitation, all principal, interest, charges, including prepayment charges and late charges, and loan fees <br />at any time accruing or assessed on any Secured Obligation. <br />2.3 Incorporation. All terms of the Secured Obligations are incorporated herein by this reference. All <br />persons who may have or acquire an interest in the Real Property are hereby deemed to have notice of <br />the terms of the Secured Obligations and to have notice, if provided therein, that: (a) the Note or any <br />other Secured Obligation may permit borrowing, repayment and reborrowing; and (b) the rate of interest <br />on one or more of the Secured Obligations may vary from time to time. <br />2.4 Future Advances. This Deed of Trust secures all future advances made by the Beneficiary to the <br />Trustor and /or the Millwright Construction, L.L.C.. Advances or disbursements made by Beneficiary to <br />protect the security, under the terms hereof, shall not be deemed to be optional advances. <br />2.5 Consumer Debts Subject To Reg Z. If the Beneficiary is required to give notice of the right to cancel <br />under the federal Truth in Lending Act (Reg Z) in connection with any loans, extensions of credit or other <br />liabilities or obligations of Borrower or Trustor to Beneficiary, then notwithstanding anything to the <br />contrary, this Deed of Trust shall not secure such loans or obligations unless and until such notice is <br />properly given. <br />DeedOtTrust -NE Job 1896368832- 1903345458 Term Loan Vers.1 12/22/2014 Page 3 of 22 <br />