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200403153 reference is hereby made a part hereof, and any and all modifications, extensions and renewals thereof, and, b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the rate of ten (10.0 %) percent per annum (default rate). c. The performance of all covenants and agreements of Borrower set forth herein. d. All indebtedness and obligations of Borrower to Lender, whether direct, indirect, absolute or contingent and whether existing by note, guaranty, overdraft or otherwise. The Note and any and all other documents that secure the Note or otherwise executed in connection therewith, including without limitation guarantees, Security Agreement and Assignment of Leases and Rents shall be referred to herein as the "Loan Instruments ". This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment and performance of any obligation secured hereby are referred to collectively as the "Loan Instruments ". TO PROTECT THE SECURITY OF THIS DEED OF TRUST: I. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments. 2. REAL ESTATE TAXES. Trustor shall pay the annual real estate taxes and special assessments of every kind, now or hereafter levied against the Trust Estate or any part thereof to the Hall County Treasurer before the taxes become delinquent and shall furnish tax receipts to Beneficiary on or before May 1 and September 1 each year. 3. ESCROW FOR TAXES, PREMIUMS, ASSESSMENTS. At any time during the duration of this Trust Deed, upon the election of the Lender, for the purpose of providing a fund for the payment of taxes, special assessments and insurance premiums. Borrower shall deposit with Lender, on the dates that payments are due on the Note, an amount equal to the taxes, assessments, ground rents on the property, and hazard and mortgage insurance premiums next due (all as estimated by the Lender). Said funds will be held by the Lender in a non - interest bearing account for the purposes set forth above. If the amounts of these deposits are not sufficient to pay taxes, assessments and insurance premiums as they become due, then Borrower shall upon request, pay Lender the amount necessary to make up the deficiency. Without waiving its right of future enforcement of this escrow provision, Lender will allow Borrower to pay directly all real estate taxes, hazard insurance premiums and special assessments. This waiver shall remain in effect as long as (a) the loan is not in default; (b) evidence is provided as required to Lender that insurance premiums, real estate taxes and special assessments are paid when due; and (c) there is no charge in ownership of the Borrower. 4. INSURANCE. Trustor shall keep the Property insured against damage by fire, hazards included within the term "all risk coverage ", and such hazards as Lender may require, in amounts and with companies acceptable to Lender, said policy containing a standard mortgage clause in favor of and in form acceptable to the Lender. In case of loss under said policies, the Lender is authorized to adjust, collect and compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine, (ii) to the Borrower to be used for the repair or restoration of the Property or (iii) for any other purpose or object satisfactory to Lender without affecting the lien of this Trust Deed for the full amount secured hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. Such insurance policy shall not be cancelable, terminable or modified without ten (10) days prior written notice to the Lender. 2