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01-2y-Z000 . ����d �g g g DEED OF TRUST Page 2
<br /> Loan No 456106 {Cor�tinued)
<br /> Iawful money of the United States of America.
<br /> Credit Ayreement. The words"Credit AgreemenY'mean the revolving credit agreement dated: January 21,2000,with a credlt Iimit In
<br /> the amount Of $12,000.00, between Trustor and Lender, together with all renewals, extensions, modifications, refinancings, and
<br /> substitutions for the Credit Agreement.
<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 Credit Agreement and any amounts expended or
<br /> advanced by Lende�to discharge obligations of Trustor or expenses incurred by Trustee or Lender to enforce obligations of Trustor under this
<br /> Deed of Trust,together with interest on such amounts as provided in this Deed of Trust. Specifically,without limitation,this Deed of Trust
<br /> secures a revolving line of credit,which obligates Lender to make advances to Trustor so long as Trustor complies with all the terms
<br /> of the Credit Agreement. Such advances may be made, repafd,and remade from time to time,subject to the limitation that the total
<br /> outstanding balance owing at any one time, not including finance charges on such balance at a fixed or variable rate or sum as
<br /> provided in the Credit Agreement,any temporary overages,other charges,and any amounts expended or advanced as provided in this
<br /> paragraph,shall not exceed the Credlt Limit as provided in the Credit Agreement. It is the intentfon of Trustor and Lender that this
<br /> Deed of Trust secures the balance outstanding under the Credit Agreement trom time to time from zero up to the Credit Limit as
<br /> provided above and any intermedlate beiance.
<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 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)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,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 /> Trustor. The word'Trustor"means any and all persons and entities executing this Deed of Trust,including without limitation all Trustors named
<br /> above.
<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 EACH AGREEMENT AND
<br /> OBLIGATION OF TRUSTOR UNDER THE CREDIT AGREEMENT,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF
<br /> TRUST IS GIVEN AND ACCEPTED 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 obligations under the Credit Agreement,this Deed of
<br /> Trust,and the 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 /> Possession and 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 Maintain. Trustor shail mairrtain the Property in tenantabte condman and promptly perform all repairs,replacements,and maintenance
<br /> necessary to preserve its value.
<br /> Hazardous Substances. Trustor represents and warrants that the Property 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 defined 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 ("SARA"), applicable
<br /> state or Federal laws, or regulations adopted pursuant to any of the foregoing. Trustor authorizes Lender and its agents to enter upon the
<br /> Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the
<br /> Deed of Trust. Trustor hereby (a) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor
<br /> becomes liable for cleanup or other costs under any such laws, and (b)agrees to indemnify and hold harmless Lender against any and all
<br /> claims and losses resutting from a breach of this paragraph of the Deed of Trust. This obligation to indemnify shall survive the payment of the
<br /> Indebtedness and the satisfaction of this Deed of Trust.
<br /> Nufsance,Waste. Trustor shall not cause,conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the
<br /> Property or any po�tion of the Property. Without limiting the generality 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 products without the prior written consent of Lender.
<br /> DUE ON SALE—CONSENT BY LENDER. Lender may,at its option, declare immediately due and payable ail sums secured by this Deed of Trust
<br /> upon the sale or transfer, without the Lender's prior written consent, of ali or any part of the Real Property, 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,beneficial or equitable;whether voluntary
<br /> or involuntary;whether by outright sale, deed, installment sale contract, land contract,contract for deed, leasehold interest with a term greater than
<br /> three (3) years, leas�option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real
<br /> Property, or by any other method of conveyance of Real Property interest. If any Trustor is a corporation, partnership or limited liability company,
<br /> transfer also includes any change in ownership of more than twenty—five percent (25%) of the voting stock, partnership interests or limited liability
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