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201504441
<br /> guaranty or other instrument,under or in connec�tion with a Loan Agreement dated June 23, 2015 pursuant to
<br /> which Lender has agreed to extend up to a $50,000.00 credit facility to Borrower (as amended, restated,
<br /> supplemented or otherwise modified from time to time, the "Loan Agreement") or any other loan documents
<br /> executed in connection with the Loan Agreement (the "Loan Documents"), including but not limited to the
<br /> Promissory Note, whether direct or indirect, albsolute or contingent, due or to become due, now due ar
<br /> hereafter arising and howsoever acquired incluc�ing, without limitation, all intcrest, charges, expenses, fees,
<br /> reasonable out of pocket a�torney's fees and expenses and any other sum chargeable to the Borrower under the
<br /> Loan Agreement or the other Loan Documents.
<br /> (2) Payment of such additional sums with interest thereon (a) as may be hereafter advanced by
<br /> Lender pursuant to this Instrument (herein "Future Advances") and (b) as may be incurred, paid out or
<br /> advanced by Lender,or may otherwise be due to'Trustee or Lender under any provision of this Instrument.
<br /> (3) Perforxnance of each agreement of Borrower contained herein or incorporated herein by
<br /> reference or contained in any other agreements o�covenants executed by Borrower relating to the loan secured
<br /> hereby.
<br /> (4) At Lender's option,payment with interest thereon,of any other present or future indebted�ess
<br /> or obligation of Borrower(or of any successor in interest of Borrower to such Real Property) owing to Lender,
<br /> whether created directly or acquired by absolute or contingent assignment, whether due or not, whether
<br /> otherwise secured or not, or whether e�sting at the time of the execution of this Inst�-uinent or arising
<br /> thereafter, the exercise of such option to be evidenced by a notice in writing to Borrower or any successor in
<br /> interest to Borrower.
<br /> (5) Performance of all agreements af Borrower to pay fees and charges to the Lender relating to
<br /> the loan secured hereby.
<br /> (6) Performance and keeping by Borrower of each of the covenants and agreements required to bc
<br /> kept and perfortned by �orrower, as lessee, pursuant to the terms of the Lease and any and a11 other
<br /> instiuments creating Borrower's leasehold interest in or defining Borrower's rights as lessee in respect to the
<br /> Rea1 Properiy.
<br /> Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to
<br /> grant, convey,transfer and assign the Real Prop�rty to the Trustee and that Borrower will wanant and defend
<br /> generally the title to the Real Property against all claims and demands, except for liens, easements and
<br /> restrictions which are shown as prior to the lien created by this Instrument in a schcdule of exceptions to
<br /> coverage in any title policy insuring Lender's lie�on the Real Property created by this Instrument.
<br /> TO PROTECT THE SECURITY OF THIS DEED OF TRUST, BORROWER COVENANTS
<br /> AND AGREES AS FOLLOWS:
<br /> 1. PAYMENT OF PRINCIPAL AND INTEREST. Borrower shall pay when duc tl�e
<br /> principal of and interest on the indebtedness owing under the Loan Agreement, any prepayment and late
<br /> charges provided in the Loan Agreement and a11 other sums secuxed by this Instrument.
<br /> 2. FUNDS FOR TAXES, INSiTRANCE AND OTHER CHARGES. Unless waived in
<br /> writing by Lender, Borrower shall pay to Lender on the day monthly installments of principal and/or interest
<br /> are payable under the Loan Agreement(or on another day designated in writing by Lender),until all amounts
<br /> owing under the Loan Agreement are paid in full,a sum(herein"Funds")equal to one-twelfth of(a)the yearly
<br /> taxes and assessments which may be levied on the Real Properly, (b)the yearly premium installments for fire
<br /> and other hazard insurance,rent loss insurance amd such other insurance covering the Real Property as Lender
<br /> may require pursuant to this Instrument and(c) the yearly or periodic rents under the Lease, all as reasonably
<br /> estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable
<br /> estimates thereof. Any waiver by Lender of a r�equirement that Borrower pay such Funds may be revoked by
<br /> Lender, in Lender's sole discretion, at any time upon notice in writing to Borrower. Lender may require
<br /> Borrower to pay to Lender, in advance, such sums for other ta.xes, charges, premiums, assessments and
<br /> impositions relating to Borrower or the Real Property, payment of which Lender reasonably shall deem
<br /> necessary to protect any of the liens or secwrity interests of Lender covered by this Instrument ("Other
<br /> Impositions"). Unless otherwise provided by ap�plicable law,Lender may require Funds for Other Impositions
<br /> to be paid to Lender by Borrower in a lump sum or in periodic installments,at Lender's option.
<br /> The Funds shall be held by Lender or, at Lender's option, in another institution, the deposits ar
<br /> accounts of which are insured or guaranteed by a federal or state agency. Lender shall apply the Funds to pay
<br /> said taxes, assessments, insurance premiums and Other Imposirions as they become due provided that (a)
<br /> Borrower is not in breach of any covenant or agreement of Borrower in this Instrument and (b) no Event of
<br /> Default (as such term is defined in the Loan Documents) has occurred. Lender shall make no charge for so
<br /> holding and applying the Funds, analyzing said account or for verifying and compiling said assessments and
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