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0�-24-2000 2 0 0 0 0 0 819 DEED OF TRUST Page 2
<br /> Loan No 766144 (Continued)
<br /> DEFINITIONS. The following words shall have the following meanings 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 Commerciai Code. All references to dollar amounts shall mean amounts in
<br /> lawful money of the United States of America.
<br /> Beneflciary. The word "Beneficiary" mean� Five Points Bank, its successors and assigns. Five Points Bank also is referred to as"Lender" in
<br /> this Deed of Trust.
<br /> Borrower. The word "Borrower" means each and every person or entity signing the Note, including without limitation ROGER MUCKEL and
<br /> KAREN MUCKEL. .
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<br /> Deed of Trust. The words "Deed of TrusY' mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all
<br /> assignment and security interest provisioris relating to the Personal Property and Rents.
<br /> Existing Indebtedness. The words"Existing Indebtedness" mean the 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" means and includes without limitation all existing and future improvements, buildings, structures,
<br /> mobile homes affixed 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 interest on such amounts as provided in this Deed of Trust. In addition to the Note, the word "Indebtedness" includes all
<br /> obligations, debts and liabilities, plus interest thereon, of Borrower to Lerder, or any one or more of them, as well as all claims by Lender
<br /> against Borrower, or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the
<br /> Note,whether voluntary or otherwise,whether due or not due,absolute or contingent,liquidated or unliquidated and whether Borrower may be
<br /> liable individually or jointly with others,whether obligated as guarantor or otherwise,and whether recovery upon such Indebtedness may be or
<br /> hereafter may become barred by any statute of limitations, and whether such Indebtedness may be or hereafter may become otherwise
<br /> unenforceable. Specifically, without limitation,this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts
<br /> Lender in its discretion may loan to Borrower, together with all interest thereon; however, in no event shall such future advances (excluding
<br /> interest) exceed in tne aggregate $iso,000.00. The lien of this Deed of Trust shall not exceed at any one time
<br /> $150,000.00.
<br /> Lender. The word"Lender"means Five Points Bank,its successors and assigns.
<br /> Note. The word "Note" means the Note dated January 24, 2000, in the principal amount of $150,316.50 from Borrower to
<br /> Lender, together with all renewals, extensions, modifications, refinancings, and substitutions for the Note. The maturity date of this Deed of
<br /> Trust is July 26,2000.
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal prope�ty now or hereafter
<br /> owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
<br /> replacements 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)hom 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,interests and rights described above in the"Conveyance and GranY'section.
<br /> Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
<br /> agreements,environmental agreements,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, profits, 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 /> above. Any Trustor who signs this �eed of Trust, but does not sign the Note, is signing this Deed of Trust only to grant and convey that
<br /> Trustor's interest in the Real Property and to grant a security interest in Trustor's interest in the Rents and Personal Property to Lender and is not
<br /> personally liable under the Note except as otherwise provided by contract or law.
<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,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED
<br /> ON THE FOLLOWING TERMS:
<br /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a)this Deed of Trust is executed at Borrower's request and not at
<br /> the request of Lender; (b)Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) the
<br /> provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and do not
<br /> result in a violation of any law,regulation,court decree or order applicable to Trustor; (d)Trustor has established adequate means of obtaining from
<br /> Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Trustor about
<br /> Borrower(including without limitation the creditworthiness of Borrower).
<br /> TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any"one action"or"anti—deficiency"law, or any other law which
<br /> may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for
<br /> deficiency,before or after Lender's commencement or completion of any foreclosure action,either judicially or by exerciss of a power of sale.
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by
<br /> this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of
<br /> Trust,and the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTV. Trustor and Borrower agree that Trustor's possession and use of the Property shall be
<br /> governed by the following provisions:
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