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05-30 -2000 DEED OF TRUST Page 3 's-
<br />Loan No 25569 9 0 0 0 0 45 5 9 (Continued)
<br />Beneficiary. The word "Beneficiary" means EXCHANGE BANK, its successors and assigns. EXCHANGE BANK also is referred to as "Lender"
<br />in this Deed of Trust.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among ,Trustor, Lender, and Trustee, and includes without limitation all
<br />assignment and security Interest provisions relating to the Personal Property and Rents.
<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 o I rop
<br />r Indebtedness. The word "Indebtedness" means all principal and interest payable under the Note andkoh i' Ax(n LA d&W advanced by
<br />Lender to discharge obligations of Trustor or expenses incurred by Trustee or Lender to enforce obligations of Trustor under this Deed of Trust,
<br />together with Interest on such amounts as provided in this Deed of Trust.
<br />Lender. The word "Lender" means EXCHANGE BANK, its successors and assigns.
<br />Note. The word "Note" means the Note dated May 30, 2000, in the principal amount of $143,182„19 from Trustor to Lender,
<br />together with all renewals, extensions, modifications, refinancings, and substitutions for the Note. The maturity date of this Deed of Trust is
<br />October 30, 2000.
<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 />=;its, of, svcfs- - fF- ds'{fnefratfirig wfthodf iitriitaiteis alt Nrsarltnee
<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 Properly" 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 />Trustee. The word "Trustee" means EXCHANGE BANK and any substitute or successor trustees.
<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 ANY AND ALL OBLIGATIONS OF
<br />TRUSTOR UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED
<br />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 Trustoes obligations under the Note, this Deed of Trust, and the
<br />Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustoes 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 />DW o atntain. rustor shall maintatr Property in�ten n ab e n on and promptly perform elf repairs, replacements, maintenance
<br />necessary to preserve Its value.
<br />Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," "release," and "threatened release," as used in this
<br />Deed of Trust, shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of
<br />1980, as amended, 42 U.S.C. Section 9601, st seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No.
<br />99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act,
<br />42 U.S.C. Section 6901, at seq., or other applicable state or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. The
<br />terms "hazardous waste" and "hazardous substance" shall also include, without limitation, petroleum and petroleum by- products or any fraction
<br />thereof and asbestos. Trustor represents and warrants to Lender that: (a) During the period of Trustor's ownership of the Property, there has
<br />been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any
<br />person on, under, about or from the Property; (b) Trustor has no knowledge of, or reason to believe that there has been, except as previously
<br />disclosed to and acknowledged by Lander in writing, (1) any use, generation, manufacture, storage, treatment, disposal, release, or threatened
<br />release of any hazardous waste or substance on, under, about or from the Property by any prior owners or occupants of the Property or (N) any
<br />actual or threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (i) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use,
<br />generate, manufacture, store, treat, dispose of, or release any hazardous waste or substance on, under, about or from the Property and (Ii) any
<br />such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without
<br />11mitation those laws, regulations, and ordinances described above. Trustor authorizes Lender and Its agents to enter upon the Property to
<br />make such Inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property with this
<br />section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create
<br />any responsibility or Debility on the part of Lender to Trustor or to any other person. The representations and warranties contained herein are
<br />based on Trustoes due diligence In investigating the Property for hazardous waste and hazardous substances. Trustor hereby (a) releases and
<br />waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any
<br />such laws, and (b) agrees to indemnity and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and
<br />expenses which Lender may directly or Indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a
<br />consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance on the
<br />propNitea. The provisions of, this section of the Deed of Trust, including the obligation to Indemnify, shall gurvive the payment of the
<br />a the Uan- afttds Dee t otTrWrIM she# not be affected -bysender's acquisition of any
<br />Interest in the Property, whether by foreclosure or otherwise.
<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
<br />Property or any portion 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 />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without the prior written consent
<br />of Lender. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to
<br />replace such Improvements with improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Its agents and representatives may enter upon the Real Property at all reasonable times to attend to
<br />Lender's interests and to inspect the Property for purposes of Trustoes compliance with the terms and conditions of this Deed of Trust.
<br />Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and.regulations, now or. hereafter in
<br />effect, of all governmental authorities applicable to the use or occupancy of the Property. , Trustor may contest in good faith .any such law,
<br />ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Trustor has notifted Lender
<br />In writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are hot jeopardized. Lender may require
<br />Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Trustor agrees neither to abandon nor leave .unattended the Property. Trustor shall do all other acts, in addition to those acts
<br />set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property.
<br />MOUE ON SALE — CONSENT BY LENDER. Lender may, at its option, drsolefi duo and payable all sums secured by this Deed of Trust
<br />upon the sale or transfer without thA Lender's prior written consent, W or = �* gr any t:.G1 the Real Properly. A
<br />"sale or rrse"mea onwN whafar voluntary
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