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<br />200602638 <br /> <br />[TRUSTOR UNDERST ANDS THAT HE OR SHE HAS THE LEGAL RIGHT TO <br />MAKE A DESIGNATION OF HOMESTEAD IN THIS DEED OF TRUST. TRUSTOR <br />HEREBY WAIVES THE RIGHT TO MAKE A DESIGNATION OF HOMESTEAD <br />RIGHTS OTHERWISE A V AILABLE. THEREFORE, TRUSTOR ACKNOWLEDGES <br />HE OR SHE WAIVES THE OPPORTUNITY TO RETAIN HIS OR HER HOMESTEAD <br />IN THE EVENT OF A DEFAULT UPON THIS DEED OF TRUST. TRUSTOR HEREBY <br />WARRANTS THAT NO PORTION OF THE TRUSTOR'S HOMESTEAD IS <br />PRESENTL Y OR IN THE FUTURE WILL BE SITUATED UPON THE REAL <br />PROPERTY DESCRIBED IN THIS DEED OF TRUST. TRUSTOR FULLY <br />UNDERSTANDS AND AGREES THAT IF HE OR SHE EST ABLISHES A <br />HOMESTEAD ON ANY PART OF THE REAL ESTATE WHILE THIS DEED OF <br />TRUST REMAINS UN SA TISFIED AND A LIEN UPON THE REAL EST ATE, THERE <br />SHALL BE NO RIGHT TO MAKE A DESIGNATION OF HOMESTEAD IN THE <br />EVENT OF A FORECLOSURE OR TRUSTEE'S SALK] <br /> <br />The parties promise and agree as follows: <br /> <br />Transfer of Rights in the Property <br /> <br />1. FOR VALUABLE CONSIDERATION, Trustor hereby irrevocably warrants, <br />grants, bargains, sells, transfers, conveys and assigns to Trustee, IN TRUST, <br />WITH POWER OF SALE, for the benefit and security of Beneficiary, under and <br />subject to the terms and conditions of this Deed of Trust, the real property and <br />interest of Trustor described herein. <br /> <br />Obligation Secured by Deed of Trust <br /> <br />2. This Deed of Trust, in the amount of Seven 11undred Thousand Dollars and <br />Noll 00 ($700,000.00) secures a Commercial Building Lease of even date <br />herewith (the "Lease"). <br /> <br />This Deed of Trust shall also collateralize any and all additional extensions, <br />renewals and modifications of the obligations evidenced with respect to or under <br />this Lease or any additional or future Lease Agreements made by the parties <br />hereto and payment of all sums advanced by Beneficiary to protect the Property, <br />as defined below, with interest thereon at the Default Rate, as defined herein. <br /> <br />The indebtedness described above is referred to as the "Indebtedness." <br /> <br />Secured Property <br /> <br />3. The property encumbered by this Deed of Trust (hereinafter, the "Property") by <br />the Trustor for the benefit of the Beneficiary is legally described on Exhibit A <br />attached hereto and incorporated herein by reference. <br /> <br />NECOLMTG,DOC (8/03) <br />264386.doc.2 <br /> <br />2 <br />