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<br />200802659
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<br />the Note, and all renewals, amendments, substitutions, extensions and modifications thereof,
<br />Borrower does hereby irrevocably, unconditionally and absolutely, grant, bargain, sell, pledge,
<br />enfeoff, assign, warrant, transfer, grant a construction security interest in and convey to Trustee
<br />(with power of sale) in trust for the purposes herein set forth, the following property, rights,
<br />interests and estates now owned for the benefit and security of the Secured Party, or hereafter
<br />acquired, by Borrower (collectively, the "Property"):
<br />
<br />(a)
<br />
<br />(b)
<br />Property;
<br />
<br />The real property (the "Land") described in Exhibit A;
<br />
<br />All rents, issues, profits, royalties, income and other benefits derived from the
<br />
<br />(c) All interests, estates or other claims, both in law and in equity, which Borrower
<br />now has or may hereafter acquire in the Property;
<br />
<br />(d) All easements, rights-of-way, licenses, privileges, and appurtenances to the Land
<br />and all rights used in connection therewith or as a means of access thereto, and all tenements,
<br />hereditaments and appurtenances thereof and thereto;
<br />
<br />(e) All right, title and interest of Borrower, now owned or hereafter acquired, in and
<br />to any land lying within the right-ofwway of any street, open or proposed, adjoining the Land and
<br />any and all sidewalks, alleys and strips and lands adjacent to or used in connection with the
<br />Property;
<br />
<br />(f) Any and all buildings and improvements now or hereafter erected on the Land
<br />(the "Improvements");
<br />
<br />(g) All right, title and interest of Borrower in and to all fixtures and personal property
<br />described on Exhibit A-I (the "Collateral"), together with all proceeds and products, renewals
<br />and replacements of the Collateral, whether now owned or hereafter acquired;
<br />
<br />(h) All the estate, interest, right, title, other claim or demand, including claims or
<br />demands with respect to the proceeds of insurance, which Borrower now has or may hereafter
<br />acquire in the Land, the Improvements, or the Collateral and any and all awards made for the
<br />taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any
<br />part of the Land, the Improvements, or the Collateral, including without limitation any awards
<br />resulting from a change of grade of streets and awards for severance damages; and
<br />
<br />(i) All existing and future sales contracts covering any portion of the Property.
<br />
<br />TO HAVE AND TO HOLD the Property unto Trustee, its successors in trust and assigns,
<br />in fee simple, forever.
<br />
<br />PROVIDED, HOWEVER, that if Borrower shall pay the Note according to the terms
<br />thereof and perform all of the covenants, conditions, stipulations and agreements set out in the
<br />same, and in this Deed of Trust, then this Deed of Trust shall be cancelled, and Secured Party
<br />shall, at Borrower's cost and request, release the same.
<br />2
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<br />AM 157: OAM 57:667038: 5: LOUISVI LLE
<br />3/20/08
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