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09-�3-1999 DEED OF TRUST Page 2 '
<br /> �oan No �ssos� 9 J �1 O 91 O 5 (Continued)
<br /> DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust. Terms not otherwise defined in this Deed of
<br /> Trust shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in
<br /> lawful money of the United States of America.
<br /> Beneflciery. 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 Trusi" 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 /> Guaranior. 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 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 Trustor or expenses incurred by Trustee or Lender to enforce obligations of Trustor under this Deed of Trust,
<br /> together with interest on such amounts 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 existing 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 limitations,and whether such Indebtedness may be or hereafter may become otherwise unenforceable.
<br /> Lender. The word"Lender"means Five Points Bank,its successors and assigns.
<br /> Note. The word "Note" meens the Note dated September 13, 1999, in the principal amount of $25,040.50 from Trustor to
<br /> Lender, together with all renewals, extensions, modifications, refinancings, and substitutions for the Note. The maturity date of this Deed of
<br /> Trust is March 11,2000.
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
<br /> owned by Trustor, and now or hereafter attached or affaed 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"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 Documents" mean and include without limitation all promissory notes, credit agreements, loan
<br /> agreements,environmental agreements,guaranties,security agreements, mortgages,deeds of trust,and all other instruments,agreements and
<br /> documents,whether now or hereafter existing,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 enfifies executing this Deed of Trust,including without limitation all Trustors named
<br /> above.
<br /> THIS DEED OF TRUST, INq.UDING TIiE 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 othervvise 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 timely manner perform all of Trustor's obligations under the Note,this Deed of Trust,and the
<br /> Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPEFiTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by
<br /> the following provisions:
<br /> Possession and Use. 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 Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,replacements,and maintenance
<br /> necessary to preserve its value.
<br /> hlazardous SubstanCes. The terms"hazardous waste,""hazardous substance,""disposal,""release,"and'Yhreatened release,"as used in this
<br /> Deed of Trust,shall have the same meanings as set forth in the Comprehensive Environmental 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 Transportation 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 laws,rules, o�regulations adopted pursuant to any of the foregoing. The
<br /> terms"hazardous waste"and"hazardous substance"shall also include,without limitation,petroleum and petroleum by-products or any fraction
<br /> thereof and asbestos. Trustor represents and warrants to Lender that: (s)During the period of Trustor's ownership of the Property,there has
<br /> been no use,generation,manufacture,storage,treatment,disposal,release or threataned 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, contractor, agent or other authorized 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 Iaws, regulations and ordinances, including without
<br /> limitation those laws, regulations, and ordinances described above. Trustor suthorizes Lender and its agents to enter upon the Property to
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