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<br />12,4884/4X <br /> <br />84.- 008368 <br /> <br />r <br /> <br />thence northwesterly along the arc of a curve whose <br />radius is 122,99 feet (the long chord of which deflects right <br />09049'02" from the preceding course), an arc distance of 82.12 <br />feet; <br /> <br />thence running northwesterly along the final tanpnt. of <br />the preceding course prodaced, a distance of 12.00 feet to a <br />point of curvature; <br /> <br />thence northwesterly along the arc of a curve whose <br />radius is 331.88 feet (the initial tangent of which coinet" <br />with the preceding course produced) an arc distance of 121.51 <br />feet to the actual place of beginning, <br /> <br />subject to the easement and restrictions specifically set forth in Bxbibit <br />"A" attached hereto and by this reference incorporated herein t..hel" <br />with all interest which Trustor now has or may hereafter acquire in..., <br />to said Real Estate and in and to: (a) all easements and riarht. of_, <br />appurtenant thereto and all of the estate, right, title. interest. claim <br />and demand whatsoever of Trustor in the Real Estate, either at laworm <br />equity, now or hereafter acquired; (b) all structures, buildinp arad <br />improvements of every kind and description now or at any tJme hereafter <br />located or placed on the Real Estate (the "Improvements"); (c) all <br />machinery. appliances, apparatus. equipment and fixtures now or <br />here&&fter located in. upon or under the Real Estate or the <br />!::::r~"'~"e~~-~~. -.. r.U'~T r':IiI,.t thAPPnf _ .A:nif _uRP.!d. ,n,., lJltllhliP. in connection. <br />with any present or future operation thereof, and all additions thereto <br />and 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 any time hereafter affixed to, attached to. placed <br />upon or used in any way in connection with the use, enjoyment. <br />occupancy or operation of the Real Estate or the Improvements, or any <br />portion thereof, and owned by the Trustor or in which Trustor now has <br />or hereafter acquires an interest, including Trustor's equity in any <br />leased television sets. telephone systems and business identification <br />signs; (e) all of the rents. royalties. iS8ues 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 />..'refits"), and all right. title and interest of Trustor in and to all <br />leases, licenses and occupancy agreements of the Real Estate or of the <br />:mprovemcnts now or hereafter entered into, all licenses and franchise <br />a~reements 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; (n all building materials and supplies now <br />or hereafter placed on the Real Estate or in the Improvements; (g) the <br />trade name Rnd goodwill of any motel or other business 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 Improvementa and in <br />the possession 01' use thereof and income therefrom, ",hether now owned <br />or subsequently acquired by Trustor. The property so conveyed <br />hereunder is hereinafter referred to as "such property". <br /> <br />FOR TlfE PURPOSE OF SECURING: <br /> <br />A, Payment of the principal Hum of ONE MILl.ION FlFTY <br />THOUSAND DOLI,ARS ($1,050,000.00) evidenced bv that certain <br />promissory note dllted of even date herewith (hereinafter referred to liS <br />the "Promhlfiory Note") iB!lUed by Trustor in said amount Rnd payable to <br />the order of Bem~ficiary, together with interest thereon. late chargt';'H <br />fmd prepAyment bonuses llceording to the terms of the Promissory Note <br />rifle] 1111 renewn!"" I!xtensior. fj Iind modi fiefltions tlwreof. <br /> <br />L <br /> <br />B. Pm'fol'manee. dll<lchllJ'!1.'f' of IInd compHanee with ('\'pry <br />()bligathm. eovenllllt flnd I\I~rf'l1nwflt of Tl'ul!tol' lrworporated h:'f' :'ef('!'C'fl('(' <br />or ('ontAined h{~r('in or in nny olhor ,,;eeurity a~l'eement or' dl.'mi 01 tnn~l <br />lit Imy time Ifivp./l fI) J'1f!cure fillY iflc]ebt('c!n()!lJ'1 hm,..hv ''''':IH'"d, or Illl\' <br />p~l't ~h~l'e()f. whidl Indu<1"M II COTll'ltl'udioll LOlli' A KT'l"'I11t'll I f14'l'llIlnlllfC <br />10 Ow "omp:leHoll of Ihl" !r'lprovr'menhl nil lhn Broil) Y';"lalt'. <br /> <br /> <br />I <br /> <br />..J <br />