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� -� This DeeJ of Trust siiall secure (a) tl�e payment of ti�e principal sum and intecest evideuced by a promissory note(s) or credit agreement(s) as follows: Original - Date of Principal Maturity Note(s) Maker(s)of Note(s) Amount(s) Date(s) � 6-30-99 Gordon D Graf � Sally M Graf �295,000.00 2-1-06 � 6-30-99 Gordon,D Graf � Sally M Graf �125,OOOR.00 2-1-04 �r„�, r�r, ��w,, t� � and any and all modifications, eatensions and renewals thereof or tl�ereto and any and all future advances and teadvances to �+ Borrower(or any of them if more than one)hereunder pursuant to one or more promissory notes or credit agreements(herein called Q "Note", whed�er one or more); (b) the payment of other sums advanced by Lender to protect the security of the Note; (c) the � performance of all covenants and agreements of Trustor set fordi herein; and (d) all present and future indebtedness and obligadons� of Borrower (or any of them if more than one) to Lender whetl�er direct, indirect, absolute or condngent and whether arising by W � note, guaranty, overdraft or otl�erwise. The Note, tl�is Deed of Trust and any and all other documents that secure the Note ot � otherwise eaecuted in connection tl�erewid�, including wid�out limitation guarantees, security agreements and assignments of leases and rents, shall be referred to herein as the "Loan Instruments". ��" . .: :��a�� Trustor covenants and agrees with Lender as follows: 1. Payment oi Indebtedness. All indebtedness secured hereby shall be paid when due. }"� ;. ' '' � 2. Title. Trustor is the owner of the Property, has tlie tight and authority to convey the Ptoperty, and warrants that the lien � created hereby is a first and prior lien on the Properry, except for liens and encumbrances'set forth by Trustor in writing and , delivered to Lender before execution of this Ueed of Trust, and the execution and delivety of this Deed of Trust does not violate any ! contract or other obligation to which Trustor is subject. . i 3. Taaes, Asseasments. To pay before delinquency all taxes, special assessments and all odier chargea against die Property now � or hereaRer levied. ' ' ' ' I 4. Insurance. To keep ti�e Property insured against Jamage by fire, l�azards included widiln die tetm "extended coverage", � and such oU�er hazards as Lender may reyuire, in amounts and with companies�acceptable to Lendet, naming L.ender as an ' � additional named insured, witt� loss payable to the Lender. In case of loss under aucl� policiea,'tlia Lender is authortzed to adjust, collect and compromise, all claims theteunder and shall have the option of applying all or part of the'insurance proceeds (i) to any ' . indebteJness aecured hereby and in sucl� order as L.ender may detertnine, (il) to d�e Trustor to'bo used for tlie repair or restoradon of U�e Yroperty or (iii) for any other purpose or object satisfactory to Lender widiout affecting tlte lien of this Deed of Ttust for tlte full amount secured hereby before such payment ever took place. Any application of proceeds to lndebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. � :; `r'. 5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate, sufficient , sums to enable Lender to pay as they become due one or more of the following: (i) all tazes,,assessments and other charges against �, � the Property, (ii) the premiums on the property insurance required hereunder, and (iii) the premiums on any mortgage insurance required by L,ender. � 6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep tlie Property in good condidon and repair; shal( promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or deterioration of the Property; sl�all not remove, demolish or substantially alter any of tl�e improvements on the Property; shall not commit, suffer or permit any act to be done in or upon tlie Property in violation of any law, otdinance, or regulation; and shall pay .,, � and promptly discharge at Trustor's cost and expense all liens, encumbrances and cl�arges levied, imposed or assessed against the . � Property or any part thereof. � 7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief(hereinafter j "Proceeds") in connectivn with condemnation or other taking of U�e Property or part thereof, or for conveyance in lieu of � condemnation. Lender shal! be entitled at its option to commence, appear in and prosecute in its own name any acdon or � ptoceedings, and shall also be entitled to make any compromise or settlement in connection with such taking or damage. In the ; event any portion of the Property is so taken or damaged, Lender shati have the option, in its sole and absolute discretion, to apply all such Proceeds, after deducting therefrom all costs and ezpenses incurred by it in connection with�such Proceeds, upon any : . indebtedness secured hereby and in such order as I,ender may determine, or to apply all such Proceeds, after such deductions, to the , restoration of the Property upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall not � extend or postpone the due date of any payments under the Note,or cure any default tliereunder or hereunder. Any unapplied funds � shall be paid to Trustor. . . , , ..-�•- ... ... . . 8. Performance by Lender. Upon the occurrence of an Event of Default hereunder, or if any act,is,,taken or legal proceeding commenced which materially affects Lender's interest in the Property, Lender may in its own discredon, bui without obligation to do so, and without notice to or demand upon Trustor and without releasing Trustor from any obligadon, do any act which Trustot has agreed but fails to do and may also do any other act it deems necessary to protect the security hereof. �Trustor shall, . immediately upon demand U�erefor by Lender, pay to Lender ali costs and ezpenses incurred and sums expended by Lender in connection with the exercise by L,ender of the foregoing rights, together with interest thereon at the default rate provided in We `�` Note, which shall be added to the indebtedness secured hereby. Lender shall not incur any liability because of anything It may do or omit to do hereunder. .I : :..:,,,..:.:: .....�:,.: , �''� _ . 9. Iiazardous Materials. Trustor shall keep the Property in compliance with all applicable laws, ordinances and reguladons; . relating to industrial hygiene or environmental protection (collectively referred to herein as!"$nvironmental Laws"):'�Trustor shall keep the Property free from all substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred to�,,, � herein as "Hazardous Materials"). Trustor hereby warrants and represents to Lender that there are no Hazardoua Materlals on or under the Property. Trustor hereby agrees to lndemnify and hold harmless Lender, its directora� ofticera� employees and agents,�. and any successvrs to Lender's interest, from and against any and all clalms, damages, losses and Iiabilldes'arlsing in connecdon with the presence,use, disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOINC�_ ,, WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS PURSUANT �TO •THB FOREGOING INDEMNITY,SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. � �i h�ry��,i�, ��,,;�;�,,, ;..,�,E , 10.Assignment of Rents. '14u3tor lier�b�aksigns to I,ender, and grants Lender a security intetest in, all ptesent, future and after-arising rents, issues and profits of the Property; provided that Trustor shall, until the occurtenca of an Event of Default hereunder, have the right to collect and retain such rents, issues and profits as they become due and payable:�Upon the occutrence of an Event of Default, I.ender may, eiQ�er in person or by agent, with or without bringing any action ot ptoceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to presetve the value, marketability or rentability of the Property, or any part thereof or interest therein, br to increase the income therefrom or• protect the security hereof and, with or without taking'possession of tlie Property, sue for or otherwlse collect the rents, Issues and J�' proCts thereof, including those past duc and unpaid, by notifying tenants to make payments to Lender. I.ender may apply rents, issues and profits, less costs and expenses of operation and collection including attorneys' feea, to any indebtedness secured hereby� all in such order as Lender may determine. Tlie entering upon and taking possession of d�e Property, the collecdon of such rents, issues and profits, and U�e application thereof as aforesaid, shall not cure or waive any default or nodce of default hereunder or. tnvalidate any act done fn response to such default or pursuant to such notico of default and, notwlthatanding the condnuance In possession of the Property or the collectlon, receipt and application of rents, issuea or profits, Ttustee and Lendet ahall be endded to exercise every rigl�t provided for in eny of tlie Loan Instruments or by law upon occurrence of any Byent,of Default, including� without iimitation the rigl�t to exercise.the power of aale. Furdier, Lender'e righta and�remedfea under thie�paragraph ahall be;•� ' cumulative witl�, and in no way a limltation on, Lender's rfgl�ts and remedlea under any asslgnment of leasee and rents recotded ��