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0�-07-1999 .7 9 1 O s 9 s�. DEED OF TRUST Page 2 �
<br /> Loan No 764416 �� � Lj �: t: (CoMinued)
<br /> Trust shall have the meanings athibuted to such terms in the Uniform Commerciai Code. All references to dollar amounts shall mean amounts in
<br /> `Iawful money of the United States of America.
<br /> Beneflclary. The word"Beneficiary"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 "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 ebsting and future improvements, buildings, structures,
<br /> mobile homes affoced on the Real Property,facilities,additions,replacements 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 obligatipns of Trustor dr expense�s incurred by Trustee or Lender to enforce obligatlons of Trustor under this Deed of Trust,
<br /> together with interest on such sinounts as provided in this Deed of Trust. In addition to the Note, the word "Indebtedness" includes all
<br /> obligations,debts and liabilities,plus interest thereon,of Trustor to Lender,or any one or more of them,as well as all claims by Lender against
<br /> Trustor,or any one or more of them,whether now e�dsting or hereafter arising,whether related or unrelated to the purpose of the Note,whether
<br /> voluntary or otherwise,whether due or not due,absolute or contingent,liquidated or unliquidated and whether Trustor may be liable individually
<br /> or jointly with others,whether obligated as guarantor or otherwise,and whether recovery upon such Indebtedness may be or hereafter may
<br /> become barred by any statute of IimitaHons, and whether such Indebtedness may be or hereafter may become otherwise unenforceable.
<br /> Speciflcally, without limitation, this Deed of Trust secures, in addition to the amounts specifled in the Note, all future amounts Lender in its
<br /> discretion may loan to Trusto[,together with all interest thereon;however,in no event shall such future advances(excludin interest)exceed in
<br /> the aggregate$100,000.00. The lien of this Deed of Trust shall not exceed at any one time $100,�.0p.
<br /> Lender. The word"Lende�'means Five Points Bank,its successors and assigns.
<br /> Note. The word "Note" means the Note dated July 7, 1999, in the principal amount of $54,387.52 from Trustor to Lender,
<br /> together with all renewals,extensions,modiflcations,refinancings,and substitutions for the Note. The maturity date of this Deed of Trust is April
<br /> 7,2005.
<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 affoced to the Real Property; together with all accessions, parts, and additions to, all
<br /> replacements of, and all substltuHons for, any of such properly; 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 Documenis" mean and include without limitation all promissory notes, credit agreements, loan
<br /> agreements,environmental agreements,guaranHes,security agreements,mortgages,deeds of trust,and all other instruments,agreements and
<br /> documents,whether now or hereafter e�dsting,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 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, INq.UDING 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 fimely manner perform all of Trustor's obligations under the Note,this Deed of Trust,and the
<br /> Related Documents.
<br /> POSSESSIOlV AND MAINTEHANCE O�TFIE RROPERTY. Trustor.�grees that Trustor's possession and use of the Propscty shall be governed by
<br /> the following provisions:
<br /> Possession and Uae. 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 /> Duty to Malntein. Trustor shall maintain the Property in tenantable condition and prompBy pertorm all repairs,replacements,and 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 Envi�onmental Response, Compensation,and Liability Act of
<br /> 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA'�, the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No.
<br /> 99-499("SARA'�, the Hazardous Materials TransportaHon 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 Iaws,rules,or regulations adopted pursuant to any of the foregoing. The
<br /> terms"hazardous waste"and"hazardous substance"shall also inctude,without limitation,petroleum and petroleum by-products or any fraction
<br /> thereof and asbestos. Trustor represents and warranls to Lender that: (a)During the period of Trustor's ownership of the Property,there has
<br /> been no use,generation,manufacture,storage,fireatment,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, conhactor, agent or other authori�d 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 />
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