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11-09-1999 q DEED OF TRUST Page 2
<br /> Loan No 765549 9� �11 O O,G (Continued) : •
<br /> Trust shail have the meanings attributed to such terms in the Uniform Commercial Code. All reterences to dollar amounts shall mean amounts in
<br /> lawful money of the United States of America.
<br /> Beneficiary. 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 /> Borrower. The word"Borrower"means each and every person or entity signing the Note,including without limitation ROSA MARIA MENDOZA.
<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 Personai 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 ali 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 ali principal and interest payable under the Note and any amounts expended or advanced by
<br /> Lender to discharge obligations of Trustor��cpenses incurred by Trustee or Lender to enforce obligations of Trustor under this Deed of Trust,
<br /> together with interest on�s'uch�mdurits as'prdv+ded in this Deed of Trust. Specifically,without limitation,this Deed of Trust secures,in addition
<br /> to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower, t ether with all interest thereon;
<br /> however, in no event shall such future advances (excludin interest)exceed in the aggregate $30,000.00. �he lien of this Deed of
<br /> Trust shall not exceed at any one time $30,�.00.
<br /> Lender. The word"Lender"means Five Points Bank,its successors and assigns.
<br /> Note. The word "Note" means the Note dated November 9, 1999, in the principal amount of $12,04�.50 from Borrower 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 November 9,2004.
<br /> Personal Property. The words "Personal Property" mean ail 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 properfy,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 /> 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. Any Trustor who signs this Deed of Trust, but does not sign the Note, is signing this Deed of Trust only to grant and convey that
<br /> Trustor's interest in the Real Property and to grant a security interest in Trustor's interest in the Rents and Personal Property to Lender and is not
<br /> personally liable under the Note except as otherwise provided by contract or Iaw.
<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 IS GIVEN AND ACCEPTED
<br /> ON THE FOLLOWING TERMS:
<br /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a)this Deed of Trust is executed at Borrower's request and not at
<br /> the request of Lender; (b)Trustor has the full power, right,and authority to enter into this Deed of Trust and to hypothecate the Property; (c)the
<br /> provisions of this Deed of Trust do not conflict with,or r�sult in a default under any agreement or other instrument binding upon Trustor and do not
<br /> re&�i�t in a uiol�tiQn of any_lgw,rsgu!:3tion,cout clscrs,^or nrdei s,�plic:�ble to Tr�stor; (�)Trustar.trss�4a��i��,a�;�d�uat����aar�-af o�a'+.-fi,-�from
<br /> Borrower.on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Trustor about
<br /> Borrower(including without limitation the creditworthiness of Borrower).
<br /> TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any"one action"or"anti-deficiency"law,or any other Iaw which
<br /> may prevent Lender from bringing any action against Trustor,including a claim for deflciency to the extent Lender is otherwise entitled to a claim for
<br /> deficiency,before or after Lender's commencement or compietion of any foreclosure action,either judicially or by exercise of a power of sale.
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by
<br /> this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of
<br /> Trust,and the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor and Borrower agree that Trustor's possession and use ot the Property shall be
<br /> governed by 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. 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 Environmentai 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,or regulations adopted pursuant to any of the foregoing. The
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