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�2-2o-�99s DEED OF TRUST Page 2 �
<br /> Loan No 765926 9 9 11217 2 (Continued)
<br /> Trust shall have the meanings atMbuted 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 Americe. . •
<br /> Beneflciary. The word+'Beneficiary"means Five Points Bank, i1s successors and assigns. Five Points Bank also is referred to as"Lender"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 Renis.
<br /> Guarantor. The word "Guarantor" means and includes withoW limitation any and all guarantors, sureties, and accommodation parties in
<br /> connection with the Indebtedness.
<br /> Improvements. The word "Improvements"means and includes without Iimitation 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"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 incurced 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. 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 Trustor,to ether with all interest thereon;however,
<br /> in no event shall such future advances (excluding�in�terest) exceed in the aggregate $95,000.00. �he lien of this Deed of Trust
<br /> shall not exceed at any one time �95,000.00.
<br /> Lender. The word"Lender"means Five Points Bank,iis successors and assigns.
<br /> Note. The word"Note"means the Note datad December 20,1999,in the principal amount of $80,041.00 from Trustor to Lender,
<br /> together with all renewals,extensions,modificatlons,refinancings,and substitutions for the Note. The maturity date of this Deed of Trust is June
<br /> 23�2000.
<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" mean and include without limitation all promissory notes, credit agreements, loan
<br /> agreements,environmental agreements,guaranHes,security agreemenls,mortgages,deeds of trust,and all other instruments,agreements and
<br /> documents,whether now or hereaRer existing,executed in connection with the Indebtedness.
<br /> Rents. The word"Rents"means ell 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 subsHtute or successor trustees.
<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 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 sfictly 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. Untll the occunence 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 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 of 1986, Pub. L. No.
<br /> 99-499("SARA'�,the Hazardous Materials Transportallon Act,49 U.S.C. Section 1801,et seq.,the Resource Conservation and Recovery Act,
<br /> 42 U.S.C.Sectlon 6901,et seq.,or other applicable state or Federal laws,rules, or regulatlons 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 waRanis to Lender that: (a)During the pe�iod of Trustor's ownership of the Properiy,there has
<br /> been no use,generatlon,manufacture,storage,trestment,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 writlng, (f)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 litigatlon or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and
<br /> acknowledged by Lender in HMting, (i) nefther Trustor nor any tenant, contractor, agent or other authorf�d user of the Property shall use,
<br /> generate,manufacture,store,ireat,dispose of,or release any hazardous waste or substance on,under,about or from the Property and (ii)any
<br /> such activity shall be conducted in compifance with all applicable federal,state,and local laws, regulaHons and ordinances, including without
<br /> Iimitation those laws, reguladons, and ordinances described above. Trustor authori�s Lender and Its agents to enter upon the Property to
<br /> make such inspections and tesls, at Trustors expense, as Lender may deem appropriate to determine compliance of the Property with this
<br /> section of the Deed of Trust. Any inspectlons or tests made by Lender shail be for Lender's purposes only and shall not be construed to create
<br /> any responsibility or Ifability on the part of Lender to Trustor or to any other person. The representations and warrantles contained herein are
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