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12-22-1999 9 9 1 �215 2 DEED OF TRUST P�'ge 2 -� <br /> Loan No 765911 (Continued) <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 /> 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,repiacements 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" inciudes 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�rustor,togeih�r with all interest thereon; however,in no event shall such future advances(excluding interest)exceed in <br /> the aggregate$50,000.00. The lien of this Deed of Trust shall not exceed at any one time $50,000.00. <br /> Note. The word "Note"means the Note dated December 22,1999,in the principal amount of $25,276.65 from Trustor to Lender, <br /> together with ail renewals, extensions, modifications, refinancings, and substitutions for the Note. The maturity date of this Deed of Trust is <br /> December 22,2004. <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 /> 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 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 /> 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 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 /> 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 maintairt the Property in tenantable conc4i#ion an�promptly perform alt 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. <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 Lender'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,title or interest therein;whether legal,beneficial or equitable;whether voluntary <br /> or involuntary; whether by outright 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 <br /> Property, or by any other method of conveyance of Real Property interest. If any Trustor is a corporation, partnership or limited liability company, <br /> transfer also includes any change in ownership of more than twenty—five percent (25%) of the voting stock, partnership interests or limited liability <br /> company interests, as the case may be, of Trustor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal <br />