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A GRAVES zes, .RE P OaAVBS .I., LORI A present., MI9aANO — E... v \,
<br />Recoicino net Fisted by 8,
<br />ORE caAVea When RecordP Return To: O
<br />as x souse, Ala St. PBuI, lvl 55117
<br />pAANp .1., uX assassins Of Ili
<br />TPUsles: R. d, cons NATIONAL AaeeeIATION Nn
<br />4325 SHX AIRNVB 4W, PAROO, NO sales J
<br />In consideration of the loan or other credit aco mmotleni hereinafter specified and any future advances or m v ..nee=d-•• __ ��• • --
<br />herein, which may hereinafter be advanced or Incurred end the trust hereinafter mentioned and other good and valuable consideration. the
<br />receipt and sufficiency of which are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and
<br />assigns to Trustee, his successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of _...
<br />1 "Lender "--
<br />y, .. AasdcxxTZg("Londe,"), the
<br />y� as
<br />benofi.iary under this Deed of Trust, under and subject to the terms and conditions herein set forth, with right of entry and possession all of
<br />Grantor's present and future defend, right, title and Interest in and to the real property described in Schedule A which is attached to this Deed of
<br />Trust and Incorporated herein by this reference, together with all present and future Improvements and fixtures; all tangible personal property
<br />including without limitation all machinery, equipment, building materials, and goods of every nature (excluding consumer goods) now Or
<br />hereafter located on or used in connection with the real property, whether or not affixed As the land; privileges, herieirements, and
<br />appurtenances Including all development rights associated with the Property, whether previously or subsequently transferred to the Property
<br />from other real property or now or hereafter susceptible of transfer from this Property to other real property; leases, licenses and other
<br />agreements; rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the real property (cumulatively
<br />"Property "I; to have antl to held the Property and the rights hereby granted for the use antl benefit of Lender, his successors and assigns, until
<br />payment In full of all Obligations secured hereby.
<br />Moreover, in further consideration, Grantor does, for Grantor and Grantor's hairs, representatives and assigns, hereby expressly warrant,
<br />covenant, and agree with Lender and Trustee and their successors and assigns as follows:
<br />1. OBLIGATIONS. This Deed at Trust shall secure the payment and performance of all present and future indebtedness, liabilities, obligations
<br />and covenants of Borrower or Grantor (cumulatively "Obligations') to Lender pursuant to;
<br />lay this Deed of Trust and the following promissory notes antl Other agreements:
<br />25,000.00 I 12/05/01 1 12/05/31100003000019265
<br />lb) all other present or future, written agreements with Lender that refer specifically to this Deed of Trust (whether executed for the same
<br />er different puns.... than the foregoing);
<br />(c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust;
<br />(d) future advances, whether obligatory or optional, to the same extent as If made contemporaneously with the execution of this Dead of
<br />Trust, made or extended on behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line of credit, the lien of this
<br />Deed of Trust shall continue until payment in full of all debt due under the lino notwithstanding the fact that from time to time Nut before
<br />termination of the linal no balance may be outstanding. At no time during the term of this Deed of Trust or any extension thereof shall the
<br />unpaid and outstanding secured principal future advances, not including sums advanced by Lander to protect the security of this Deed of
<br />Trust, exceed the following amount: 4 z1, to o. oo . This provision shall not constitute an obligation upon or commitment of Lender
<br />to make additional advanced or loans to Grantor; and
<br />let all amendments, extensions, mnewals, Modifications, replacements or substitutions to any of the foregoing.
<br />As used in this Paragraph 1, the terms Grantor and Borrower shall include and also mean any Grantor or Borrower if more than one.
<br />2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants and covenants to Lender that:
<br />(a) Grantor has fee simple marketable title to the Property and shall maintain the Property bee c! all liens, security interests, encurnh anew
<br />antl .;aims .xcepr !o, this Dead of Trust and those described in Schedule B, which is attached to this Dead of Trust and incorporated herein
<br />by reference, which Grantor agrees to pay and perform in a timely manner;
<br />(b) Grantor is In compliance in ell respects with all applicable federal, state and local laws antl regulations, including, without limitation,
<br />those relating to " Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws'), and neither the
<br />federal government nor any other governmental or quasi governmental entity has filed a lien on the Property, nor are there any
<br />governmental, judicial or atlministra[ive actions with respect m environmental matters pending, or to the best of the Grantor's knowledge,
<br />threatened, which Involve the Property. Neither Grantor nor, to the best of Grantor's knewletlge, dnV other party has used, yenerateU,
<br />released, discharged, stored, or disposed of any Hazardous Materials as defined herein, in connection with the Property or transported any
<br />Hazardous Materials to or from the Property. Granter shall not commit or permit such actions to be taken in the future. The term
<br />" Hazardous Materials" shall mean any substance, material, or waste which Is or becomes regulated by any governmental authority
<br />kidding, but not limited to he pmMleum; Ili) friable or nen!riable asbestos; (iii) polychlorinated biphenyls; liv) those substances, materials
<br />Or wastes designated as a " hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the
<br />Clean Water Act or any amendments or replacements to these sources; Ill those substances, materials or wastes defined as a " hazardous
<br />waste" pursuant to $action 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and
<br />!vii those substances, materials or wastes defined as a 'hazardous substance" pursuant to Section 101 of the Comprehensive
<br />Environmental Response, Compensation and Liability Act, or any amendments or replacements to that statute or any other similar stale or
<br />federal statute, rule, regulation or ordinance now or hereafter in effect Grantor shall not lease or permit the sublease of the Property to a
<br />tenant or subtenant whose operations may result In contamination of the Property with Hazardous Materials or toxic substances;
<br />Pate I of
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<br />DEED OF TRUST
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<br />A GRAVES zes, .RE P OaAVBS .I., LORI A present., MI9aANO — E... v \,
<br />Recoicino net Fisted by 8,
<br />ORE caAVea When RecordP Return To: O
<br />as x souse, Ala St. PBuI, lvl 55117
<br />pAANp .1., uX assassins Of Ili
<br />TPUsles: R. d, cons NATIONAL AaeeeIATION Nn
<br />4325 SHX AIRNVB 4W, PAROO, NO sales J
<br />In consideration of the loan or other credit aco mmotleni hereinafter specified and any future advances or m v ..nee=d-•• __ ��• • --
<br />herein, which may hereinafter be advanced or Incurred end the trust hereinafter mentioned and other good and valuable consideration. the
<br />receipt and sufficiency of which are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and
<br />assigns to Trustee, his successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of _...
<br />1 "Lender "--
<br />y, .. AasdcxxTZg("Londe,"), the
<br />y� as
<br />benofi.iary under this Deed of Trust, under and subject to the terms and conditions herein set forth, with right of entry and possession all of
<br />Grantor's present and future defend, right, title and Interest in and to the real property described in Schedule A which is attached to this Deed of
<br />Trust and Incorporated herein by this reference, together with all present and future Improvements and fixtures; all tangible personal property
<br />including without limitation all machinery, equipment, building materials, and goods of every nature (excluding consumer goods) now Or
<br />hereafter located on or used in connection with the real property, whether or not affixed As the land; privileges, herieirements, and
<br />appurtenances Including all development rights associated with the Property, whether previously or subsequently transferred to the Property
<br />from other real property or now or hereafter susceptible of transfer from this Property to other real property; leases, licenses and other
<br />agreements; rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the real property (cumulatively
<br />"Property "I; to have antl to held the Property and the rights hereby granted for the use antl benefit of Lender, his successors and assigns, until
<br />payment In full of all Obligations secured hereby.
<br />Moreover, in further consideration, Grantor does, for Grantor and Grantor's hairs, representatives and assigns, hereby expressly warrant,
<br />covenant, and agree with Lender and Trustee and their successors and assigns as follows:
<br />1. OBLIGATIONS. This Deed at Trust shall secure the payment and performance of all present and future indebtedness, liabilities, obligations
<br />and covenants of Borrower or Grantor (cumulatively "Obligations') to Lender pursuant to;
<br />lay this Deed of Trust and the following promissory notes antl Other agreements:
<br />25,000.00 I 12/05/01 1 12/05/31100003000019265
<br />lb) all other present or future, written agreements with Lender that refer specifically to this Deed of Trust (whether executed for the same
<br />er different puns.... than the foregoing);
<br />(c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust;
<br />(d) future advances, whether obligatory or optional, to the same extent as If made contemporaneously with the execution of this Dead of
<br />Trust, made or extended on behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line of credit, the lien of this
<br />Deed of Trust shall continue until payment in full of all debt due under the lino notwithstanding the fact that from time to time Nut before
<br />termination of the linal no balance may be outstanding. At no time during the term of this Deed of Trust or any extension thereof shall the
<br />unpaid and outstanding secured principal future advances, not including sums advanced by Lander to protect the security of this Deed of
<br />Trust, exceed the following amount: 4 z1, to o. oo . This provision shall not constitute an obligation upon or commitment of Lender
<br />to make additional advanced or loans to Grantor; and
<br />let all amendments, extensions, mnewals, Modifications, replacements or substitutions to any of the foregoing.
<br />As used in this Paragraph 1, the terms Grantor and Borrower shall include and also mean any Grantor or Borrower if more than one.
<br />2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants and covenants to Lender that:
<br />(a) Grantor has fee simple marketable title to the Property and shall maintain the Property bee c! all liens, security interests, encurnh anew
<br />antl .;aims .xcepr !o, this Dead of Trust and those described in Schedule B, which is attached to this Dead of Trust and incorporated herein
<br />by reference, which Grantor agrees to pay and perform in a timely manner;
<br />(b) Grantor is In compliance in ell respects with all applicable federal, state and local laws antl regulations, including, without limitation,
<br />those relating to " Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws'), and neither the
<br />federal government nor any other governmental or quasi governmental entity has filed a lien on the Property, nor are there any
<br />governmental, judicial or atlministra[ive actions with respect m environmental matters pending, or to the best of the Grantor's knowledge,
<br />threatened, which Involve the Property. Neither Grantor nor, to the best of Grantor's knewletlge, dnV other party has used, yenerateU,
<br />released, discharged, stored, or disposed of any Hazardous Materials as defined herein, in connection with the Property or transported any
<br />Hazardous Materials to or from the Property. Granter shall not commit or permit such actions to be taken in the future. The term
<br />" Hazardous Materials" shall mean any substance, material, or waste which Is or becomes regulated by any governmental authority
<br />kidding, but not limited to he pmMleum; Ili) friable or nen!riable asbestos; (iii) polychlorinated biphenyls; liv) those substances, materials
<br />Or wastes designated as a " hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the
<br />Clean Water Act or any amendments or replacements to these sources; Ill those substances, materials or wastes defined as a " hazardous
<br />waste" pursuant to $action 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and
<br />!vii those substances, materials or wastes defined as a 'hazardous substance" pursuant to Section 101 of the Comprehensive
<br />Environmental Response, Compensation and Liability Act, or any amendments or replacements to that statute or any other similar stale or
<br />federal statute, rule, regulation or ordinance now or hereafter in effect Grantor shall not lease or permit the sublease of the Property to a
<br />tenant or subtenant whose operations may result In contamination of the Property with Hazardous Materials or toxic substances;
<br />Pate I of
<br />NrcQT)eel Fill 1 lea
<br />
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