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07-23-1999 " � �
<br /> �,� 1.0�8�.9 0 MORTGAGE Page 2
<br /> Loan IVo 764553 (CoMinued)
<br /> Guarantor. The word"Guarsntor"means and inciudes without limitation each and all of the guarantors,sureties,and accommodatlon parties in
<br /> Connection with the Indebtedness.
<br /> Improvements. The word "Improvements" means and includes without timitation all existing and future improvements, buildings, structures,
<br /> ' mobile homes affixed 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 obligations of Grantor or expenses incurred by Lender to enforce obligations of Grantor under this Mortgage,together with
<br /> interest on such amounts as provided in this Mortgage.
<br /> � Eender. The word"Lender"means Five Points Bank,its successors and assigns. The Lender is the mortgagee under this Mortgage.
<br /> Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender, and includes without limitation all assignments and
<br /> security interest provisions relating to the Personal Property and Rents. ++
<br /> Note. The word "Note" means the promissory note or credit agreement dated July 23, 1999, in the original principal amount of
<br /> $6,158.46 from Grantor to �ender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and
<br /> substitutions for the promissory note or agreement. The maturity date of this Mortgage is July 28,2009.
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
<br /> owned by Grantor, 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"Properfy"means collectively the Real Property and the Personal Property.
<br /> Real Property. The words"Real Property"mean the property,interest�and rights descrfbed abnve ir�iMe'urant of Mortgage"�action. ,
<br /> Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreemerts, loan
<br /> agreements,env�ronmental agreements,guaranties,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 /> THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY,
<br /> IS GIVEN TO SECURE (1)PAYMENT OF THE IND�TEDNESS AND (2)PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER TH�S
<br /> MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this
<br /> Mortgage as they become due,and shall strictly perform all of Grantor's obligations under this Mortgage.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by
<br /> the following provisions:
<br /> � �ossession and Use. Until in default,Grantor may remain in possession and control of and operate and manage the Property and collect the
<br /> Rents from the Property.
<br /> Duty to Maintaln. Grantor shall maintain the Property in tenantable condition and promptly 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 /> Mortgage,shall have the same meanings as set fo�th in the Comprehensive Environmental Response,Compensation,and Liability Act of 1980,
<br /> as amended,42 U.S.C. Section 9601, et seq. ("CERCLA'�, the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No.99-499
<br /> ("SARA'�,the Hazardous Materiels Transportation Act,49 U.S.C.Section 1801,et seq.,the Resource Conservation and Recovery Act,42 U.S.C.
<br /> Section 6901, et seq., or other applicable state or Federal Iaws, rules, or regulations adopted pursuant to any of the foregoing. The terms
<br /> "hazardous waste" and "hazardous substance" shall also include, without limitation, petroleum and petroleum by-products or any fraction
<br /> thereof and asbestos. Grantor represents and warrants to Lender that: (a)During the period of Grantor'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)Grantor has no knowledge of,or reason to believe that there has been,exce�#a�previously
<br /> disclosed to and acknowledged by Lender in writing, (i)any use,generation,manufacture,storage,treatment,disposal,release, or throatened
<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 Grantor nor any tenant, contractor, agent or other suthorized 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 /> Iimitation those Iaws, regulations, and ordinances described above. Grantor authorizes Lender and iis agents to enter upon the Property to
<br /> make such inspections and tests, at Grantor's expense, as Lender'may deem appropriate to determine compliance of the Property with this
<br /> section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any
<br /> responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based
<br /> pn Grantor's due diligence in investigating the Property for hazardous waste and hazardous substances. Grantor hereby (a) releases and
<br /> waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any
<br /> such Iaws, and (b) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and
<br /> expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence
<br /> of any use,generation,manufacture,storage,disposal,release or threatened release of a hazardous waste or substance on the properties. The
<br /> provisions of this section of the Mortgage, including the obligation to indemnify, shall survive the payment of the Indebtedness and the
<br /> satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property,
<br /> whether by foreclosure or othervvise. , r
<br /> Nuisance,Waste. Grantor shall not cause,conduct or permit any nuisance nor commit,permit,or suffer any stripping of or waste on or to the
<br /> Property or any portion of the Property. Without limiting the generality of the foregoing,Grantor will not remove,or grant to any other party the
<br /> right to remove,any timber,minerals(including oil and gas),soil,gravel or rock products without the prior written consent of Lender.
<br /> Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior written consent
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