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elect:
<br />• 202100002
<br />FOR THE PURPOSE OF SECURING, in such order of priority as Beneficiary may
<br />(1) Due, prompt and complete observance, performance and discharge of
<br />each and every obligation, covenant and agreement contained in the Secured
<br />Promissory Note between Day and Rod Transportation LLC (hereinafter,
<br />"Borrower") and Beneficiary dated 8/24/2020 in the original principal amount of
<br />Fifty thousand and 00/100 (the "Note") including, without limitation, all
<br />obligations evidenced by the Note as defined therein, to Beneficiary; and any and
<br />all modifications, substitutions, extensions or renewals of the Note and whether
<br />the entire amounts shall have been repaid in part and;
<br />(2) Due, prompt and complete observance, performance and discharge of
<br />each and every obligation, covenant and agreement of Trustor contained herein;
<br />and
<br />(3) Payment of any other or further indebtedness at any time owing by
<br />Trustor or Borrower to Beneficiary however the same may be incurred, and in
<br />whatever form it may be, whether contingent or represented by notes, judgments,
<br />or otherwise, and all interest thereon.
<br />(4) Due, prompt and complete observance, performance and discharge of
<br />each and every obligation, including payment obligations, covenant and
<br />agreement contained in the Guaranty, Note, Loan Agreement, and Security
<br />Agreement of even date herewith and accompanying Financing Statement, or this
<br />Deed of Trust.
<br />The foregoing debts and obligations are hereinafter collectively referred to as the
<br />"Obligations").
<br />ARTICLE I
<br />COVENANTS
<br />Trustor covenants, warrants, represents and agrees to and with Beneficiary and
<br />Trustee as follows:
<br />1.01 Payment of Principal and Interest. Trustor will pay the Obligations
<br />according to the terms thereof.
<br />1.02 Warranty of Title. Trustor owns fee simple title to the Property and is
<br />lawfully seized of the Property hereby conveyed, has the right to grant and convey the
<br />Property, and has good and marketable title to the Property subject to no lien, charge
<br />or encumbrance—except for any such liens or encumbrances disclosed to Beneficiary
<br />in writing; Trustor owns the Fixtures free and clear of liens and claims, except as
<br />permitted under this Deed of Trust; and this Deed of Trust is and will remain a valid
<br />and enforceable lien on the Property subject only to the exceptions referred to below.
<br />Trustor represents and warrants that Trustor has full power and lawful authority to
<br />grant, assign, transfer and mortgage its interest in the Property in the manner and form
<br />hereby done or intended. Trustor will preserve its interest in and title to the Property
<br />and will forever warrant and defend the same to Trustee and will forever warrant and
<br />defend the validity and priority of the lien hereof against the claims of all persons and
<br />parties whomsoever. Trustor shall promptly and completely observe, perform, and
<br />discharge as and when due each and every obligation, covenant and agreement affecting
<br />the Property whether the same is prior and superior or subject and subordinate hereto.
<br />1.03 Further Assurances. Trustor shall, at its own cost and without expense
<br />to Trustee or Beneficiary, promptly execute, acknowledge and deliver, or cause to be
<br />executed, acknowledged and delivered, any and all such further conveyances,
<br />confirmations, instruments or further assurances and consents as Beneficiary may
<br />deem reasonably necessary or proper in order to effectuate, perfect, evidence or protect
<br />the liens, covenants and agreements created by or contained in this Deed of Trust and
<br />shall cause to be timely and properly filed, registered or recorded any existing
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