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<br /> 09-27-1999 9 �
<br /> Loan No 765175 9 ��9 5 7 9 �EED OF TRUST ,
<br /> � (Continued) Page 2
<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 /> lewful money of the United States of America.
<br /> Beneflciary. The word "Beneficiary"means Five Points Bank, its successors and assigns. Five Points Bank also is referred to as"Lende�"in
<br /> this Deed of Trust.
<br /> Deed of Trust. The words "Deed of Trust" 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 /> 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"Indebtednesg^mee�g a��pryncipal 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 /> obligattons,debts and liabilitles,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 hereaffer may become otherwise unenforceable.
<br /> Specifically, without Gmit�tion, 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,to�ether with all interest thereon;however in no event shall such future advances(excluding interest)exceed in
<br /> the aggregate$5b,000.op. The lien of this Deed of Trust sha�l not exceed at any one time $55,OOO.pp,
<br /> Lender. The word"Lender"means Five Points Bank,its successors and assigns.
<br /> Note. The word"Note"means the Note dated September 27,1999, in the principal amount of $52,649.17 from Trustor and any
<br /> co-borrowers to Lender,together with all renewals,extensions, modifications,refinancings,and substitutions for the Note. The maturity date of
<br /> this Deed of Trust is September 27,2004,
<br /> Personel Property. The words "Personal Pro e
<br /> owned by Trustor, and now or hereafter attache or affi edlltothe Real�p o e�' fnde{heewi hI alisacc ssonsal property now or hereaffer
<br /> replacements of, and all substitutions for, any of such ro e p �' °9
<br /> proceeds and refunds of premiums)from any sale or othe dispos tion of the P opertyh a�l proceeds (including without limit t ndalll�nsurance
<br /> Property. The word"Property"means collectively the Real Property and the Personal Properry.
<br /> Real Property. The words"Real Property"mean the ro e
<br /> Related Documents. The words "Related Documentsp mear n ta d ncl degwithout lim tationoalel prohmis oryVnotes ecredit s$��mction.
<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. 9 ents, loan
<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 entities executing this Deed of Trust,including without limitation all Trustors named
<br /> above.
<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 ALI_ 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 FOLLpyy�NG TERMS:
<br /> PAYMENT AND PERFORMANCE. Except�othen�vise provided in this Deed of 1'rust,7'rustor shall pay to Lender all amounts secured by this Deed
<br /> of Trust as they become due,and shall sMctly 8nd In a timely manner pertorm all of Trustor's obligations under the Note,this Deed of 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 /> Po�sslo�and Use. Unt11 the occurrence of an Event of Default,Trustor may (a)remain in possession and controt ot the Property, (b) use,
<br /> operate or manage the Property,and (c)collect any Rents from the Property.
<br /> Duty to Malntaln. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,replacements,and maintenance
<br /> necessary to preserve its value.
<br /> Hazardous Substences. The terms"hazardous waste,""hazardous substance,""disposal,^"release,"and"threatened release,"as used in this
<br /> Deed of Trust, shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation,and Llability Act of
<br /> 1980, as amended, 42 U.S.C. Section 96p1 et seq. ("CERCLA"), the Supertund Amendments and Resuthorization 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 Iaws, rules, or 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: (a)During the period of Trustor'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)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 prevlously 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
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