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200002908 <br />This Deed of Trust shall secure: <br />(a) The payment of the principal sum and interest <br />evidenced by Borrower's Construction Line of Credit <br />Draw Note dated April 5, 2000 Xk2 , having a <br />maturity date of October 5, 2000 , in the Tqi . a red <br />principal amount of One Hundred Seventy -Six Thousand q�� <br />($ 176,350.00) , and any and all modifications, extensions <br />and renewals thereof or thereto and any and all future <br />advances and readvances hereunder pursuant to one or <br />more promissory notes or credit agreements (herein <br />called "Note "); <br />(b) The payment of other sums advanced by Lender <br />to protect the security of the Note; <br />(c) The performance of all covenants and agree- <br />ments of Borrower set forth herein; and <br />(d) All indebtedness and obligations of Borrower <br />to Lender whether direct, indirect, absolute or con- <br />tingent and whether arising by note, guaranty, over- <br />draft or otherwise advanced for the purpose of making <br />improvements to the real estate hereinabove described. <br />The Note, and any and all other documents that secure <br />the Note or otherwise executed in connection therewith, <br />including, without limitation, guarantees, security <br />agreements and assignments of leases and rents, shall <br />be referred to herein as the "Loan Instruments." <br />Fifty & N01100 <br />Borrower, to protect the security of this Deed of Trust, <br />covenants and agrees with Lender as follows: <br />1. <br />Payment of Principal and Interest. Borrower shall <br />promptly pay when due the principal of and interest <br />fees or charges provided in, the Note or in this Dee <br />on, and any <br />Deed <br />of Trust. <br />2. Title. Borrower is the owner of the Property and <br />has the right and authority to convey the Property. <br />3. Taxes, Assessments. Except when they are con- <br />tested in good faith, to pay when due all taxes, special assess- <br />ments and all other charges against the Property and, upon <br />written demand by Lender, to pay to Lender such amount as may be <br />sufficient to enable the Lender to pay such taxes, assessments or <br />other charges as they become due. <br />4. Insurance. At the beginning of construction or <br />renovation of building, to keep the Property insured against <br />damage by fire, hazards included within the term "all risk <br />coverage", and such other hazards as Lender may require, in <br />amounts and with companies acceptable to Lender, including a <br />standard mortgagee clause with loss payable to the Lender. In <br />case of loss under such policies, the Lender is authorized to <br />adjust, collect and compromise all claims thereunder and shall <br />have the option of applying all or part of the insurance proceeds <br />(i) to any indebtedness secured hereby and in such order as <br />Lender may determine, (ii) to the Borrower to be used for the <br />repair or restoration of the Property or (iii) for any other <br />purpose or object satisfactory to Lender without affecting the <br />lien of this Deed of Trust for the full amount secured hereby <br />before such payment ever took place. Any application of proceeds <br />to indebtedness shall not extend or postpone the due date of any <br />payments under the Note, or cure any default thereunder or here- <br />under. <br />5. Maintenance, Repairs and Compliance with Laws. <br />Borrower shall keep the Property in good condition and repair; <br />shall promptly repair or replace any improvement which may be <br />damaged or destroyed; shall not commit or permit any waste or <br />deterioration of the Property; shall not remove, demolish or <br />substantially alter any of the improvements on the Property; <br />shall not commit, suffer or permit any act to be done in or upon <br />IWZ <br />