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200403670 <br />requires, any portion of the above or any interest therein. THE TERM "TRUST <br />PROPERTY" IS INTENDED TO EXCLUDE ALL ITEMS OF PERSONAL <br />PROPERTY IN WHICH BENEFICIARY HAS OBTAINED AND /OR PERFECTED A <br />SECURITY INTEREST UNDER SEPARATE INSTRUMENTS. <br />(f) "UCC ": The Uniform Commercial Code of the state in <br />which the Land is located or, if the creation, perfection and enforcement of any security <br />interest herein granted is governed by the laws of a state other than the state in which the <br />Land is located, then, as to the matter in question, the Uniform Commercial Code in <br />effect in that state. <br />ARTICLE 2 <br />GRANT <br />Section 2.1 Grant. For and in consideration of good and valuable <br />consideration, the receipt and sufficiency whereof are hereby acknowledged, and in order <br />to secure the indebtedness and other obligations of Grantor herein set forth, to secure the <br />full and timely payment of the Indebtedness and the full and timely performance of the <br />Obligations, Grantor GRANTS, BARGAINS, ASSIGNS, SELLS, WARRANTS and <br />CONVEYS, to Trustee the Trust Property, subject, however, to the Permitted Liens, TO <br />HAVE AND TO HOLD the Trust Property and all parts, rights and appurtenances thereof <br />to Trustee, IN TRUST, WITH POWER OF SALE, and Grantor does hereby bind itself, <br />its successors and assigns to WARRANT AND FOREVER DEFEND the title to the <br />Trust Property unto Trustee. <br />TO HAVE AND TO HOLD the Trust Property, together with all and <br />singular the parts, rights, privileges, hereditaments, and appurtenances thereto in any <br />ways belonging or appertaining, to the use, benefit, and behoof of Trustee, its successors <br />and assigns, in trust for the benefit of Beneficiary, in fee simple forever. <br />Notwithstanding anything to the contrary contained in the immediately preceding <br />sentence, Grantor hereby agrees and acknowledges that the Indebtedness secured by this <br />Deed of Trust includes a revolving loan and is intended to secure future advances; <br />accordingly, this Deed of Trust shall not be canceled by the full and complete repayment <br />of the Indebtedness, so long as the Loan Agreement remains in force and effect. <br />ARTICLE 3 <br />WARRANTIES. REPRESENTATIONS AND COVENANTS <br />Grantor warrants, represents and covenants to Beneficiary as follows: <br />Section 3.1 Title to Trust Property and Lien of this Instrument. <br />Grantor (i) has good and indefeasible title to the Trust Property, in fee simple (to the <br />extent that the Trust Property constitutes real property), free and clear of any liens, claims <br />LA/975395. I 4 <br />