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12-23-1999 9� 11212� DEED OF TRUST Page 2
<br /> Loan No 456118 _ (Conttnued) �'.
<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 /> Credit Agreement. The words"Credit AgreemenY'mean the revolving credit agreement dated: December 23, 1999,with a credit Iimit
<br /> 111 th@ amount Of $30,000.00, between Trustor and Lender, together with all renewals, extensions, modifications,
<br /> refinancings,and substitutions for the Credit Agreement.
<br /> Existing Indebtedness. The words"Existing Indebtedness"mean the indebtedness described below in the Existing Indebtedness section of
<br /> this Deed of Trust.
<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 exisHng 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 Credit Agreement and any amounts expended or
<br /> advanced by Ldnder:to disctharge ob6getions of Trustor or expenses incurced by Trustee or Lender to enforce obligations of Trustor under this
<br /> Deed of Trust,together GviNi interesf on such amounts as provided in this Deed of Trust. Speciflcally,without Ilmitatlon,this Deed of Trust
<br /> secures a revolving Ilne of credit,which obligates Lender to make advances to Trustor so long as Trustor complies with all the terms
<br /> of the Credit Agreement. Such advances may be made,repald,and remade trom time to tlme,subJect to the Iimitation that the total
<br /> outstanding balance owing at any one time, not including finance charges on such balance at a flxed or varfable rate or sum as
<br /> provided In the Credit Agreement,any temporary overages,other cherges,and any amounts expended or advanced as provided In this
<br /> paragraph,shall not exceed the Credit Limit as provided fn the Credit A�reement. It is the Intention of Trustor and 1�eder_that this
<br /> Deed oC Trust ascures the�eienea�utstanding vnder the CredR Agreement from time to time trom zero up to the Credit Limit as,
<br /> provided above end any intermedlate balance. The lien of this Deed of Trust shall not exceed at any one time
<br /> $35,000.00.
<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 Grant"section.
<br /> Related Documents. The words "Related Documenis" mesn and include without limitation all promissory notes, credit agreements, loan
<br /> agreements,environmental agreemenis,guaranties,security agreements,mortgages,deeds of trust,and all other inshuments,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'Trusto�'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 EACH AGREEMENT AND
<br /> OBLIGATION OF TRUSTOR UNDER THE CREDIT AGREEMENT,THE RELATED DOCUMENTS,AND TNIS DEED OF TRUST. THIS DEED OF
<br /> TRUST IS 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 sMcdy and in a timely manner perform all of Trustor's obligations under the Credit Agreement,this Deed of
<br /> Trust,and the 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 /> Possesslon an�Us�.. 1lotil the accurrenEe of an�verit ot Defeutt,Trustor may (a)remain in possessiort artd control of the Property, (b) use,
<br /> operate or manage the Properiy,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 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 genera8on, 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 regulaHons 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 ot 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 resultlng from a breach of this paragraph of the Deed of Trust. This obligaHon to indemniy shall survive the payment of the
<br /> Indebtedness and the safisfaction of this Deed of Trust.
<br /> Nuisance,Waste. Trustor shall not cause,conduct or permft 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 limitlng the generallty 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.
<br /> DUE ON SALE—CONSENT BY LENDER. Lender may,at its option,declare immediately due and payable all sums secured by this Deed of Trust
<br /> upon the sale or transfer, without the Lende�'s prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A
<br /> "sale or transfer"means the conveyance of Real Property or any right,ti8e or interest therein;whether legal,beneficial or equitable;whether voluntary
<br /> or involuntary;whether by ouMght sale,deed,installment sale contract, land contract,contract for deed,leasehold interest with a term greater than
<br /> three (3) years, lease—option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real
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