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<br />I <br /> <br />FOR THE PURPOSE OF SECURING: <br />D. Payment of indebtedness in the total principal amount of $ 1_ 5 5 , 0 0 0 . 00 (0 n e <br />with interest thereon. oS evidenced as follows: <br /> <br />Il)PromisoryNotedated March 30,1988 <br /> <br />thousand and NO/109$ 155,000.00 <br /> <br />hundred 8Pifi\llf~~ 6t~?usand <br /> <br />a nd no /l 00) <br />inthl!principalamountof One hundred fifty five <br /> <br />I together with interest thereon with 0 maturity date of <br /> <br />,} 11 n e 28, 1 g 8 8 wherein the Trustor is the Muker und poyable to the order of the Beneficiory. llnd which by this <br />reference is hereby. mode 0 part hereof, and any and all modifications, extensions. and renewals thereof. <br /> <br />(2) All further loans or indebtedness owed or to be owed by Trustor to Beneficiary, according to the terms of any future <br />Promissory Notes or other evidence of debt, provided that the maximum amount secured by this Deed of Trust now or at any time <br /> <br />hereafter shall not exceed One hundred ei htv thousand and no/lOa 180 000.00 plus interest. <br />The obligation of the Beneficiary to make further or future advances or readvances shall be opttonal with the; Beneficiary. <br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the maxhnum legal rate. <br />This Deed of Trust, the Note, and any other inatruments given to evidence or further secure the payment and performance of any <br />obligation secured hereby may hereafter be referred to collectively as the "Loan Instruments". <br />TO HAVE AND TO HOLD the Trust Property upon and subject to the trusts and agreements hereinafter set forth: <br />1. Trustor agrees to punctually pay the principal of. and interest on, the Note or Notes and all obligations secured hereby on the <br />dates and at the place and in the manner provided therein and to punctually perform all agreements, conditions and provisions of <br />any other security instrument given in connection with this transaction. <br />2. Trustor, at its expense, will maintain and preserve the lien of this Deed of Trust as a first and paramount lien upon the Trust <br />Property, will eause this Deed of Trust, and each amendment or supplement thereto, to be filed and recorded as a mortgage of the <br />Trust Property in such manner and in such place, and will take such other action as in the opinion of Trustee may be required by any <br />present or future law in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may be from time to time <br />amended or supplemented. <br />3. If title to any part of the Trust Property shall be taken in rondemnation proceedings, by right of eminent domain Lr similnr <br />action. or shall be sold under threat of condemnation, all awards. damages and proceeds are hereby assigned and shall be paid to <br />Trustee who shaU apply such amount to the prepayment of the Note. Trustor will promptly, and with due diligence, repair, alter and <br />restore the remaining part of the Trust Property to its former condition substantially to the extent that the same may be feasible <br />IUId 80 as to constitute a complete and usable unit. <br />~, Trustor, at its expense, will maintain with insurors approved by Benefieiary insurance with respect to the improvements and <br />personal property constituting the Trust Property against loss by fire, lightning, and other perils covered by standard extended <br />coverage endorsement, in an amount equal to at least 100 % of the full replacement value thereof; and insurance against other such <br />hazards and in such amount as is customarily carried by owners and operators of similar properties and as Beneficiary may require <br />for its protection. Trustor will comply with such other requirement as Beneficiary may from time to time request for the protection <br />by insurance of the interest of the respective parties. All insurance policies maintained pursuant to this Deed of Trust shall name <br />Trustor. Trustee and Beneficiary as insureds, as the respective intere!lts may appear, and provide there shall be no cancellation or <br />modification without 15 days written notification to Trustee and Beneficiary. In the event any policy hereunder is not renewed on or <br />before 15 days prior to its expiration dale, Trustee or Beneficiary may procure such insurance. pay the premiums therefor, and such <br />sums sholl immediately become due and payable with interest at the rate of 18% per annum until paid and shall be secured by this <br />Deed of Trust. All policies of insurance required by this Deed of Trust, shall be delivered to and retained by Trustee. Failure of <br />Trustor to furnish such insurance. or renewals as are required hereunder, or failure to pay any sums advanced hereunder shall, at <br />the option of Beneficiary. constitute a default. All unearned premuims are hereby assigned to Trustee as additional security and a <br />sale and conveyance of the Trust Property by the Trustee shall operate to convey to the purchaser the Trustor's interest in and to all <br />policies of insurance upon the Trust Property. <br />5. In case of any damage to, or destruction of, the buildings, improvements or personal property constituting part of the Trust <br />Property, whether such loss is covered by insurance or otherwise, Trustor, at its sole cost and expense, will promptly restore, <br />repair, replace and rebuild the same as nearly as preeticable to its condition immediately prior to such damage or destruction or with <br />such changes and alterations as Trustor may deem appropriate, provided such changes and alterations do not materially lessen the <br />value and utility of such buildings, improvements and personality from that existing immediately prior to such damage or <br />destruction. Trustor shall be entitled to reimbursement from the Trustee to the extent of the net insurance proceeds received by <br />Trustee, but only to the extent of the actual sum ell:pended under this provision. <br />6. Trustor will do all things necessary to preserve its corporate existence, rights and privileges under the laws of the state of its <br />incorporation. <br />7. 1'rustor will not commit any waste upon the Trust Property and wilL at all times, maintain the same in good operating order <br />and condition and will make, from time to time, all repairs, renewals, replacements, additions and improvements which are <br />reasonably needful or desirable to such end. Not building or improvement now or hereafter erected upon the Trust Property shall be <br />altered. removed or demolished without prior written consent of Beneficiary. <br /> <br />u <br /> <br />L <br /> <br />~ <br /> <br />L <br />