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<br />promissory notes executed from time to time by Trustor in favor of Beneficiary (the
<br />"Notes "), together with interest and prepayment premiums, if any, according to the terms
<br />thereof, and any other note given in substitution therefor or in modification, renewal, or
<br />extension thereof, in whole or in part;
<br />(b) all indebtedness, liabilities, and obligations of Trustor now or hereafter
<br />incurred or arising pursuant to the provisions of this Deed of Trust or under any other
<br />agreement, assignment or instrument now or hereafter evidencing, securing and /or
<br />guarantying the obligations of the Trustor under the Notes or any part thereof (the Notes,
<br />this Deed of Trust and such other instruments and agreements, as the same may be
<br />amended, restated or otherwise modified from time to time, are hereinafter collectively
<br />referred to as the "Loan Documents "); and
<br />(c) any and all other indebtedness, obligations, and liabilities of Trustor to
<br />Beneficiary of any nature whatsoever, whether arising out of contract, tort, or otherwise,
<br />including, without limitation, obligations arising under any and all present and future
<br />loans, advances, and /or other extensions of credit obtained and /or to be obtained by
<br />Trustor from Beneficiary, and any and all present and future guaranties made by Trustor
<br />in favor of Beneficiary, and any and all instruments and agreements evidencing such
<br />present and /or future loans, advances, other extensions of credit, and /or guaranties,
<br />together with interest, costs, expenses, attomeys' fees and other fees and charges.
<br />2. Warranty of Title. Trustor warrants to Trustee and Beneficiary that: (a) Trustor is
<br />lawfully seised and possessed of good, marketable, and indefeasible fee simple title to the
<br />Property, free and clear of all liens and encumbrances, (b) Trustor has the full right, power, and
<br />authority to execute and deliver this Deed of Trust to Trustee and Beneficiary, and (c) Trustor
<br />will forever defend the title to the Property against the claims of all persons.
<br />3. Maintenance and Compliance with Laws. Trustor shall keep the Property in good
<br />condition and repair (ordinary wear and tear excepted), and shall promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value. Trustor shall promptly
<br />complete or restore promptly and in good and workmanlike manner any portion of the Property
<br />which may be damaged or destroyed, and shall pay, when due, all claims for labor performed
<br />and materials furnished on or to the Land or Improvements, and any and all other claims which
<br />could result in a lien on the Property or any part thereof. Trustor shall not commit waste or
<br />permit impairment or deterioration of the Property. Trustor shall comply with all present and
<br />future statutes, laws, rules, orders, regulations and ordinances affecting the Property, any part
<br />thereof or the use thereof and shall comply with all covenants, conditions and restrictions filed of
<br />record against the Land or the Improvements.
<br />4. Taxes. Trustor shall pay, and shall indemnify and hold harmless Trustee and
<br />Beneficiary from, each installment of all taxes and special assessments of every kind, now or
<br />hereafter levied and assessed against the Property, or any part thereof, or upon this Deed of
<br />Trust or the Obligations secured hereby, before delinquency, without notice or demand, and
<br />shall, upon request from Trustee or Beneficiary, provide evidence of the payment of same.
<br />5. Liens. Trustor shall not create, incur or suffer to exist any lien, encumbrance or
<br />charge on the Property or any part thereof which might or could be held to be superior to the
<br />lien of this Deed of Trust, other than current non - delinquent real estate taxes and assessments.
<br />Trustor shall pay, when due, the claims of: (i) all persons supplying labor or materials to or in
<br />connection with the Property, and (ii) registered or certified surveyors or engineers, or licensed
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