|
<br />200607530
<br />
<br />or incurred, whether liquidated or unliquidated, whether absolute or
<br />contingent, whether arising out of the Loan Documents or otherwise, and
<br />regardless of whether such Obligations arise out of existing or future
<br />credit granted by the Beneficiary to any Trustor, to any Trustor and others,
<br />to others guaranteed, endorsed or otherwise secured by any Trustor or to
<br />any debtor-in-possessionlsuccessor-in-interest of any Trustor, and
<br />principal, interest, fees, expenses and charges relating to any of the
<br />foregoing, including, without limitation, costs and expenses of collection
<br />and enforcement of this Deed of Trust, attorneys' fees of both inside and
<br />outside counsel and environmental assessment or remediation costs. The
<br />interest rate and maturity of such Obligations are as described in the
<br />documents creating the indebtedness secured hereby.
<br />
<br />THIS DEED OF TRUST SECURES, WITHOUT LIMITATION,
<br />EXISTING DEBTS OR OBLIGATIONS CREA TED
<br />SIMUL T ANEOUSL Y WITH THE EXECUTION OF THIS DEED OF
<br />TRUST AND ANY FUTURE ADVANCES TO BE MADE AT THE
<br />OPTION OF THE PARTIES. The total principal amount, exclusive of
<br />interest, of the Obligations, including any future debts, advances,
<br />liabilities or obligations, not including, however, any sums advanced for
<br />the protection of the Property or the Trustor's interest therein, shall not
<br />exceed the sum of $498,868.84; PROVIDED, HOWEVER, THA T
<br />NOTHING CONT AINED HEREIN SHALL CONSTITUTE A
<br />COMMITMENT TO MAKE ADDITIONAL OR FUTURE LOANS OR
<br />ADVANCES IN ANY AMOUNT.
<br />
<br />4. Representations and Warranties of Borrower. Borrower hereby represents and
<br />warrants to Lender as follows:
<br />
<br />(a) The execution, delivery and performance by Borrower of this Amendment
<br />and the other documents contemplated hereby: (i) will not result in any breach of, or
<br />constitute a default under, any mortgage, deed of trust, lease, bank loan or credit
<br />agreement, organizational document, or other instrument to which Borrower is a party or
<br />by which Borrower may be bound or affected; (ii) will not contravene any applicable law
<br />of which Borrower is aware, and no authorization, approval, consent or other action by,
<br />and no notice to or filing with, any governmental authority or regulatory body is required;
<br />and (iii) are within Borrower's powers and have been duly authorized by all necessary
<br />actions.
<br />
<br />(b) Borrower has no setoffs, counterclaims, or defenses against Lender or any
<br />of Lender's officers, agents, or employees arising out of the indebtedness evidenced by
<br />the Promissory Notes, nor any action taken or not taken by Lender or any of Lender's
<br />officers, agents, or employees with respect to the Loans, the Loan Documents or this
<br />Amendment. Borrower expressly disclaims any reliance on any oral representation made
<br />or allegedly made by Lender or any of its officers, agents, or employees with respect to
<br />the Loans, the Loan Documents, or this Amendment.
<br />
<br />6
<br />
|