88102043 - Laserfiche WebLink

Browse

I 88- 102043 given in modif ica tion, renewa 1, extens ion 0 r replacement thereof being cOllectively referred to herein as the "note"), (b) all indebtedness and other obligations of Trustor to Beneficiary under or pursuant to the terms of the Loan Agreement or under or pursuant to any of the Loan Documents (as defined in the Loan Agreement, inc lUding, wi thout limi tat ion, all letters 'of credit issued pursuant to the Loan Agreement), (c) all loans and advances which Beneficiary may hereafter make to Trustor and any and all renewals or extensions of the same, or any pa rt thereof, and (d) all other and addi t~ona 1 debts, obligations, and liabilities of every kind and character of Trustor, now or hereafter existing in favor of aeneficiary, regardless of whether such debts, obligations and 1 iabi Ii ties be direct or indirect, primary or secondary, joint, several or joint and several, fixed or contingent, and regardless of whether such present or future debt, obligations and liabilities may, prior to their acquisition by Beneficiary, be or have been payable to, or be or have been in favor of some other person or have been acquired by Beneficiary in a transaction with one other than Trustor, together with any and all renewals and extensions of such debts, obligations ann liabilities, or any part thereof. The words "Secured Indebtedness" as used herein, shall mean all of the indebtedness, obligations and liabilities described or referred to in clauses (a) through (d), inclusive, of this Section 1.1. The word "Holder" as used herein, shall mean the holder of the Secured Indebtedness. ARTICLE II REPRESENTATIONS, WARRANTIES AND COVENANTS OF TRUSTOR 2.1 Trustor warrants that (a) Trustor is lawfully seized of the Mortgaged Property and has good and marketable title to the Mortgaged Property, subject to the Permitted Encumbrances, that Trustor has the authority to execute and deliver this Deed of Trust, including the grant of a security interest and assignment of rents contained herein, and to warrant and defend the title against the claims of all persons whomsoever; and (b) no part of the Mortgaged Property constitutes a part of Trustor's business or residential homestead. 2.2 Trustor has received no notice and, to the best knowledge of Trustor, no other party has received notice, from any governmental agency or authority or any other person, to the effect that there are pollutants, contaminants or any other substances, including asbestos, on or under the Mortgaged Property, which Trustor or any other person or entity has placed or caused or allowed to be placed upon the Mortgaged - 4 - L --.J L