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04 -19 -2000 2 0 0 0 0 3 31 4 DEED OF TRUST Page 2
<br />Loan No 456104 (Continued)
<br />Trust shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in
<br />lawful money of the United States of America.
<br />Borrower. The word "Borrower" means each and every person or entity signing the Credit Agreement, including without limitation KRIS NOLAN
<br />BROWN.
<br />Credit Agreement. The words "Credit Agreement" mean the revolving credit agreement dated: April 19, 2000, with a credit limit in the
<br />amount of $20,000.00, between Borrower 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 Lender 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 Borrower so long as Borrower complies with all the
<br />terms of the Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that the
<br />total 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 Credit Limit as provided In the Credit Agreement. It Is the intention of Trustor and Lender that this
<br />Deed of Trust secures the balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as
<br />provided above and any Intermediate balance.
<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 Grant" 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. Any Trustor who signs this Deed of Trust, but does not sign the Credit Agreement, is signing this Deed of Trust only to grant and convey
<br />that 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
<br />is not personally liable under the Credit Agreement 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 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 />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 exercise 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 Credit Agreement, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor and Borrower agree that Trustor's possession and use of the Property shall be
<br />governed by 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 shall maintain the Property in tenantable condition 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 resulting 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 />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the
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