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. r <br /> 06-10-1999 99� 1(�5i966 DEED OF TRUST Page 2v <br /> Loan No 764039 (Corrtinued) <br /> Rents and the Personal Properiy defined below. <br /> DEFINITIONS. The followfng words shall have the following meanings when used in this Deed of Trust. Terms not otherwise defined in this Deed of <br /> Trust shall have the meanings attributed to such terms fn the Uniform Commercial Code. All referenc�s to dollar amounts shall mean amounts in <br /> lawful money of the United States of America. <br /> Beneflclary. The word "Beneflciary"means Five Points Bank, its successors and assigns. Five Points Bank also is referred to as"Lender"in <br /> this Deed of Trust. <br /> Deed of Trust. The words�eed 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 guarantorg, sureties, and accommodation parties in <br /> connection with the Indebtedness. <br /> Improvements. The wqrd "Improvements"means and includes without limitation all existing and future improvements, buildings, structures, <br /> mobile homes affaed on the Real Property,facititiiis,additions,replacemenis and other construction on the Real Property. <br /> Indebtedness. The word"Indebtedness"means all principal and interest payable under the Note and any amounts expended or advanced by <br /> Lender to discharge obligations of Trustor or expenses incuned by Trustee or Lender to enforce obligations of Trustor under this Deed�.+f Trust, <br /> together with interest on such amounts as provided in this Dsed of Trust. <br /> Lender. The word"Lender"means Five Points Bank,its successors and assigns. <br /> Note. The word "Note" means the Note dated June 10, 1999, in the principal amount of s17,500.0�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 June <br /> 15,2002. • <br /> �Personal Property. The words "Personal Properly" mean all equipment, foctures, 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"msans all present and future rents,revenues, income, issues,royalties, profits,and other benefits derived from the <br /> Property. <br /> Truste�e. The word"Trustee"means Five Points 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 DOCI�MENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED <br /> ON THE FOLLOWING TERMS: <br /> PAYMENT AND PERFOFiMANCE. 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 Trustor's obligations under the Note,this Deed of Trust,and the <br /> Related Documenls. <br /> POSSESSION AND MAINTENANCE OF THE PROPERTII. Trustor agrees that Trustor's possession and use of the Property shall be governed by <br /> the following provisions: <br /> Possesslon 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 Properly,and (c)collect any Rents from the Property. <br /> Duty to MtUnteln. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,replacements,and maintenance <br /> necessary to preserve its value. <br /> Flezardous 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, et seq. ("CERCLA'�, the Superfund Amendments and Resuthorization 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,et seq.,or other applicable state or Federal laws, rules, or regulaBons 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 Lender in writing, (i)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 (ii)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 /> timitation those laws, regulations, and ordinanc�s 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 liability on the part of Lender to Trustor or to any other person. The representations and warranties contained herein are <br />