I
<br />0 87- -' 163ti76
<br />!' — onginq
<br />there rn lining mirthwest —1 .dnng the fine) inn Pent of
<br />the preceding course produced, a distance of 71.00 feet to e
<br />point of curvature;
<br />thence northwesterly along the arc of a curve whose
<br />radius is 331.89 feet (the initial tangent of which coincides
<br />with the preceding course produced) an arc distance of 121,53
<br />fee, to the actual place of beginning,
<br />subject to the easement and restrictions specifically set forth in Exhibit
<br />"A" attached hereto and by this reference incorporated herein together
<br />with all interest which Trustor now has or may hereafter acquire in and
<br />to said Real Estate and in and to: (a) all easements and rights of way
<br />appurtenant thereto and all of the estate, right, title, interest. claim
<br />and demand whatsoever of Trustor in the Real Estate, either at law or in
<br />equity, now or hereafter ncquired; (b) all structures, buildings and
<br />improvements of every kind and description now or at any time hereafter
<br />located or placed on the Real Estate (the "Improvements "); (c) all
<br />machinery, appliances. apparatus, equipment and fixtures now or
<br />hereafter located in, upon, or under the Real Estate or the
<br />Improvements, or any part thereof, and used or usable in connection
<br />with any present or future operation thereof, and all additions thereto
<br />end replacements therefore; (d) all articles of personal property and any
<br />additions to, substitutions for, changes in or replacements of the whole
<br />or any part thereof, including, without limitation, all .furniture and
<br />furnishings, now or at an_v time hereafter affixed to, attached to, placed
<br />upon or used in .nv wav in connection with the use, enjoyment.
<br />occupancy or operation of the real Estate or the Improvements, or any
<br />portion thereof, and owned b- the ?rustor or in which Trustor now has
<br />or hereafter ncquims .n. interest, including Trustoi s equity in any
<br />leased television sets, tntenhOre systems and husiness identification
<br />signs; (e) all of the rents, rovaltir- issues and profits of the Real
<br />Estate and the Improvements, Or arising from the use or enjoyment of all
<br />or any portion thereof or from any lease. license, concession. occupancy
<br />agreement or other agreement pertaining thereto (the "Rents and
<br />Profits "), and all right, title slid interest of Trustor in and to all
<br />leases, licenses and occupancy agreements of the Real Estate or of the
<br />Improvements now or hereafter entered into, all licenses and franchise
<br />agreements now or hereafter entered into pertaining to the operation of
<br />the Real Estate and all right, title and interest of Trustor thereunder,
<br />including, without limitation, cash or securities deposited thereunder to
<br />secure performance by tenants, lessees or licensees, as applicable, of
<br />their obligations thereunder; (f) all building materials and supplies now
<br />or hereafter placed on the Real Estate or in the Improvements; (g) the
<br />trade name and goodwill of any motel or other basineas now or hereafter
<br />operated upon the Real Estate; and (h) all other or greater rights and
<br />interests of every nature in the Real Estate and the Improvements and in
<br />the possession or use thereof and income therefrom, whether now owned
<br />or subsequently acquired by Trustor. The property so conveyed
<br />hereunder is hereinafter referred to as "such property ".
<br />FOR THE PURPOSE OF SECURING:
<br />A. Payment of the principal sum of ONE MILLION FIFTY
<br />THOUSAND DOLLARS ($1,050,000.00) evidenced by that certain
<br />promissory note dated of even date herewith (hereinafter referred to ss
<br />the "Promissory Note ") issued by Trustor in said amount and payable to
<br />the order of Beneficiary, together with interest thereon, late charges
<br />end prepayment bonuses according to the terms of the Promissory Note
<br />end all renewals, extensions and modifications thereof.
<br />B. Performance, discharge of and compliance with every
<br />ohflO.ntion, covenant and agreement of Trustor incorporated by reference
<br />Or rentnined herein or in nnv other security Agreement or deed of trust
<br />At limy time given to secure nnv indebtedness hereby secured, or nnv
<br />port therm(, which include+ A Construction LOAn Agreement prrtelnlnv
<br />to the orpietioo .•f the trsp,o -rent. on the P.rnl F.tntr,
<br />N
<br />M1
<br />
|