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06-16-1999 yy- 1���3� •
<br /> Loan No 764196 ' DEED OF TRUST �
<br /> Rents and the Personat Pro e (COntl�Ued) PBge
<br /> p �Y defrned below.
<br /> DEFINITIONS. The foilowing words shall have the followin
<br /> Trust shall have the meanings attributed to such terms in the Unifo9m When used in this Deed of Trust. Terms not
<br /> lawful money of the United States of America.
<br /> Commercfal Code. All references to dollar amo nitse h In eantamounts i�r
<br /> Beneflciary, The word"Beneficia
<br /> this Deed of Trust. rY"means Five Points Bank, its successors and assigns. Five Points B
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor L
<br /> assignment and security interest provisions relating to the Persona�pro e ank also is referred to as"Lender"in
<br /> Guarantor. , ender, and Trustee, and includes without limitation all
<br /> The word "Guarantor" P ►tY and RenCs.
<br /> connection with the Indebtedness. means and includes without limitation an
<br /> Improvements. The word "Improvements" Y and all g�arantors, sureties, and accommodation
<br /> mobile homes affixed on the Real Pro e means and includes without limitation ali existin Parties in
<br /> P rty,facilities,additions,replacements and other construction on the Real Property.
<br /> Indebtedness. The word"Indebtetlness"means all principal and interest 9 and future improvements, buildin s,
<br /> Lender to discharge obllgations of Trustor or expenses incurred by Trustee or Lender to g structures,
<br /> together with interest on such amounts p$Yeble under the Note and an
<br /> to the amounts speoified in the Note,all fu ure ame ulnts Le derdi"n its d screSon ma loan Y amounts expe�ded or advanced by
<br /> pecifically, w'thout limtation,�thiS�peed of Trust sec�ures,en addition
<br /> in no event shall such future advances (excludin interest) exceed in the a
<br /> Sh&I� n�� �X�ed at ar�y o�e time y to Trustor,to ether with all interest thereon;however
<br /> Lender. The word"Lende�'means Five Point�s$Ba��k��Q cc 99�e9ate $8p,000.�, 19he lien of
<br /> this Deed of Trus�
<br /> Note. The word "Note" means the Note dated June �g �5��and assigns.
<br /> together with all renewais,extensions,modifications,refinancings,and substitutions for th
<br /> 21,2�Zo , 7999, in the principal amount of $11,pq�,50 from Trustor to Lender,
<br /> Persona� p�ope�, The words "Personal Pro e e Note. The maturity date of this Deed of Trust is June
<br /> owned by Trustor, and now or hereaffer attac e or a�xedlto the Real Pro e
<br /> replacements of 4 Pment, fixtures, and other articles of
<br /> proceeds and refunds of p em��ms)from any sale or ot e pd sposition of the p�p �r together wi{h all accessionsa� ro
<br /> ►tY; and together with all roceeds (includin p perty n�w or hereafter
<br /> Property, rhe H,ord"Pro e p pa�s� a�� additions to, all
<br /> P �ty"means collectively the Real Pro e operty, g without limitation all insurance
<br /> Real Property. The words"Rea�p�o e p �Y and the Personal Property.
<br /> P rty"mean the property,interests and ri9h�s described above in the"Conveyance and Grant"
<br /> Related Documents. The words
<br /> agreements,environmental a reemen�ts'ared Documents" mean and include without limitation all promisso
<br /> documents,whether now or ereafter existin section.
<br /> 9uaranties,security ag�eements, mort
<br /> Rents. The word "Renfs"means all present and future rents, revenues, income, issue ry �otes, credit agreements, loan
<br /> 9ages, deeds of trust,and all other instruments,agreements and
<br /> ,executed in connection with the Indebtedness.
<br /> Property,
<br /> Trustee. The word'Trustee"means Five Points Bank and any substitute or successor trus ro�alties, profits, and other benefits derived from the
<br /> Trustor. The word'Trustor"means any and all persons and entities executing Chis Deed of
<br /> above, teeso
<br /> THIS DEED OF TRUST, INCLUDING TFIE Trust,including without limitation all Trustors named
<br /> PROPERTY, IS GIVEN TO SECURE (1)PAYMENT OF THE INDEBTEDNESS AND
<br /> ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE REN7S AND p
<br /> TRUSTOR UNDER TNE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRU
<br /> ON THE FOLLOWING TERMS: (2)PERFORMANCE OF ANY AND ALL OBLIGATIONS OF
<br /> S7. TFIIS DEED OF TRUST IS GIVEN qNp ERSONAL
<br /> PAYMENT ANp pERFORMANCE. Except es otherwlse provided in this Deed of Tr
<br /> of Trust as they become due,and shall strictl and in a timel manner ACCEPTED
<br /> Related pp��ments. Y y ust,Trustor shall pay to Lender all amounts secured by this Deeci
<br /> POSSESSION ANp Perform all of Trustor's obligations under the Note,this Deed of Trust,and the
<br /> the followin MAINTENANCE OF THE PROPERTY,
<br /> 9 provisions: -
<br /> Trustor agrees that Trustor's possession and use of the Property shap be
<br /> Possess(on and Use, Until the occurrence of an Event of Default,Trustor ma
<br /> operate or manage the Pro e governed by
<br /> P rty,and (c)collect any Rents from the Property. y �a�remain in
<br /> Duty to Ma(ntaln. Trustor shall maintain the Pro e Possession and control of the Property, (b)use,
<br /> necessary to presBNe its value, P ►tY in tenantable condition and prom tl a p
<br /> liazardous Substances. The terms"haz8rdous was}e,^^ p y Pertorm II re airs,replacements,
<br /> Deed of Trust, shall have the same meanings as set forth in the Comprehensive Environm a�d maintenance
<br /> hazardous substance,"^ � �„
<br /> 198�, as amended, 42 U.S.C. disposal, release,"
<br /> 99-4gg�^gq�� Section 96p1, et se and"threatened release,"
<br /> 42 U.S.C. p• ("CERCLA ental Response, Compensation, and LiabiGty Acthof
<br /> , the Hazardous Materials Transportation,4ct,4g'U S C�pertund Amendments and Reauthorization Act of 1986, Pub. L. No.
<br /> Section 6901,et seq.,or other applioable state or Federal laws,srul e�s�o f 8 e 9 u l a tions ado t
<br /> terms"hazardous waste"and"h q., the Resourc e C o n s e r v a t i o n an d Recov e
<br /> thereof a n d a s b e s t o s. Trus tor re p r e s e n t s a n d w arran t s to L e n c�e r t ha C: (a)Durin the
<br /> azardous s u b s t a n c e"s ha l l a lso incl u d e,w i t h o u t l i m i ta tion,
<br /> b e e n n o u s e, p e d P��s u a n t t o any o f th e f o r e o�� ry A c t,
<br /> g enera tion, m a n u f a c ture,storage,treatment,disposal,releaSe or threatened p e l t e a s e u o f a�d h etroleum b 9 g. T he
<br /> person on, under,about or from the pro Q 9 Period of Trustor's ownershi y��oducts or a� �
<br /> P rty; (b)Trust o r h a s n o know led ge o f,o r r e ason to believe that there has beenh e c r o 8 y $ctfon
<br /> re ease of a n y a z a d us l a ste or subs ance n n tunder,ab o u t p �Y,t here has
<br /> Y azar d o u s w a s te or substance by any
<br /> actual or threatened liti g a t i o n o r c l a l m s o f a� 9, (i)any use,generation,manufacture,s t o r a g e, t r e a t m e n t,disposal,release, or threatened
<br /> a c k n o w l e dge d b o r f r o m t h e P r o e @ P t a s p r e v i o u s l y
<br /> y Lender in writin Y kind by any pe�on relatin g to s u c hY a tt e�rsr�°a�d"e�or occu
<br /> 9enerate,m a n u f a c t u r e,s tore,treat,disp�ose of,eor release an a�y tenant, P a n t s o f t h e P rope rt y o� ����any
<br /> such activity shall be conducted in compliance with all applicable federal,CStatector, a (c) Except as previously disclosed to and
<br /> gent or other authorized user of the Pro e
<br /> limitation those laws, regulations, y ha���ous waste or substance on,
<br /> and ordinances described above. Trustor authorizes Lender and tsaagentsrtoro ntehe Pro e �shall use,
<br /> and local laws, regulafions and ordinances, ncrluding w�i hou4
<br /> upon the Property to
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