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r <br />r <br />89--100858 <br />roadway;. or (c) any other injury to or decrease in the value of <br />the Property, all of which are hereby assigned to Trustee by <br />Trustor,, to the extent of all amounts secured by this Deed of <br />Trust at the date c� receipt by Trustor of such aware or payment, <br />and of reasonable counsel fees, costs and disbursements incurred <br />by Trustee in connection with the enforcement of this assignment <br />and the right to and the collection of any such aware or payment. <br />Trustor agrees to execute and deliver, from time to time, such <br />further instruments as may be requested by Trustee to confirm the <br />aforesaid assignment to Trustee of any such aware or payment. <br />As further security for the payment of. all amounts secured, by <br />this Deed of Trust and the performance of Trustor:s obligations,. <br />covenants and agreements herein cdhtained or sarured, Trustor <br />hereby transfers, sets over and assigns to Trustde'.*all the rents, <br />isaucc, income, royalties, profits and oth4t..benefits of and from <br />the Property, from time to time accruing,'whether under leases or <br />tenancies now existing or hereafter created; provided, however, <br />that Trustor hereby reserves the right to receive and retain all <br />such rents, issues, income, royalti -es, profits, and other bene- <br />fits so long as there is no default :Tinder the terms of this Deed <br />of Trust, the Notes secured hereby `or any other securing agree- <br />ment or loan document now or hereafter given in connection with <br />the loan secured by this Deed of Trurit'. <br />The Property and the entire estate and interest conveyed -to the <br />Trustee are referred to collectively as the "Trust Estate." <br />THIS DEW PF TRUsT Is FOR TIIE PU rosrE 0i szrmznG: <br />A. Payment of all obligations of Tx?4wtar to Beneficim y� evi- <br />denced by a Loan Agreement, - dated January 31, 1389, among the <br />Trustor, the Beneficiary avid. others (the "Loan Dement"), and <br />all related agreements, incl6ding, without .Limitation, prcmissory <br />note, dated January 31, 1989 - ( collectively,.. the "Obligations"), <br />executed by the Trustor and others as co- markers, which have been <br />delivered to Beneficiary, and which by this reference are hereby <br />made a part hereof, and any and all modifications, extensions and <br />renewals thereof, provided that the maximum amount of the <br />Obligations secured hereby shall at no time exceed $1,250,000.00, <br />and <br />B. Payment of all, sums reasonably advanced by Beneficiary to <br />protect the Trust Estate, with interest thereon at the rate <br />applicalbe to Outstanding Advances (under and as defined in the <br />Loan Agreement)..until repaid by the Trustor to the Beneficiary. <br />This Deed of Trust, the Loan Agreement, the agreements evidencing <br />the .Obligations and any and all other. instruments, loan <br />agreements, security agreements and deeds of trust given to <br />evidence or further secure the payment and performance of any <br />WA! <br />L <br />J <br />A. <br />r.� <br />I <br />