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09-22-1999 9� 10 9 510 DEED OF TRUST Pav�e 2 '
<br /> Loan No 764945 (Continued)
<br /> future leases of the Propert}?S,afid all Rents from the Property. In addition,Trustor grants Lender a Uniform Commercial Code security interest in the
<br /> Rents and the Personal Property defined belov�. '�
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<br /> DEFINITIONS. The following,yvords sh�fl�ve 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 /> lawtul money of the United States of America.
<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 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 /> Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its
<br /> discretion may loan to Trustor,together with all interest thereon; however,in no event shall such future advances (excluding interest)exceed in
<br /> the aggregate$150,000.00.
<br /> Note. The word "Note" means the Note dated September 22, 1999, in the principal amount of $130,000.00 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 September 22,2000.
<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 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"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 GranY'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 /> Trustor. The word'Trustor"means any and all persons and entities executing this Deed of Trust,including without limitation all Trustors named
<br /> ab ove.
<br /> THIS DEED OF TRUST, INCLUDING 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, INCLUDING THE
<br /> ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY
<br /> AND ALL OBLIGATIONS OF TRUSTOR UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF
<br /> EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED
<br /> DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THE NOTE AND THIS
<br /> DEED OF TRUST ARE GIVEN AND ACCEPTED 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 timely manner perform._all of Trustor's o�ligations under the Nate,fhis Deed Qf Trust,and the
<br /> Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. 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 /> Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust
<br /> remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br /> hazardous waste or substance, as those terms are defined 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 ("SARA"), applicable
<br /> state or Federal laws, or regulations adopted pursuant to any of the foregoing. Trustor authorizes Lender and its agents to enter upon the
<br /> Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the
<br /> Deed of Trust. Trustor hereby (a) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor
<br /> becomes liable for cleanup or other costs under any such laws, and (b) agrees to indemnify and hold harmless Lender against any and all
<br /> claims and losses resulting from a breach of this paragraph of the Deed of Trust. This obligation to indemnify shall survive the payment of the
<br /> Indebtedness and the satisfaction of this Deed of Trust.
<br /> Nuisance,Waste. Trustor 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,Trustor 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.
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