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2oiooo943 <br />power systems, engines, boilers, ranges, ovens, dishwashers, mirrors and mantels, carpeting, furnaces, oil burners, <br />elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers, electrical <br />equipment, storm and screen windows, doors, awnings and shades) now nr hereafter attached to, ar built in, any <br />building or improvement now or hereafter located thereon, (iii) all easements and rights of way appurtenant thereto, <br />(iv) all leasehold estate, right, title and interest of Trustor in and to all leases, whether now or hereafter existing or <br />entered into (including, without limitation, all cash and security deposits, advance rentals and deposits ar payments of <br />a similar nature), pertaining thereto, (v) all rents, issues, profits and income therefrom (subject to the right of Trustor <br />to collect and apply such rents, issues, profits and income as they become due and payable so long as no event of <br />default exists hereunder), (vi) all royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, <br />(vii) all tenernents, hereditaments, privileges and appurtenances belonging, used ar enjoyed in connection therewith, <br />and (viii) all proceeds of conversion, voluntary ar involuntary, of airy of the foregoing into cash or liquidated claims <br />(including, without limitation, proceeds of insurance and condemnation awards), all of which is hereinafter collectively <br />called the "Trust Property". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AN1) AGREES <br />AS FOLLOWS: <br />1, it e. Trustor covenants, warrants and agrees with Beneficiary, its successors and assigns, that <br />Trustor owns the Trust Property free from any prier lien or encumbrance ether than the first lien of Business Loan <br />Center, Inc., that this Deed of Trust is and will remain a valid and enforceable second lien an the Trust Property subject <br />only to the foregoing described lien of Business Loan Center, Inc., that Trustor, at its expense, will preserve such title <br />and will maintain this Deed of Trust as a second lien upon the Trust Property subject only to the foregoing described <br />lien of business Loan Center, Inc. and will forever warrant and defend the validity and priority of the lien hereof <br />against the claims of all persons and parties whomsoever. Trustor, at its expense, will cause this Deed of Trust, and <br />each amendment or supplement hereto, to be filed and recorded as a mortgage of the Trust Property in such manner <br />and in such place and will take such action as in the opinion of Trustee may be required by arty present or future law <br />in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may be amended or supplemented <br />Pram time to time. Trustor will make such further assurance or assurances to perfect its title to the Trust Property as <br />may be required by Beneficiary. Trustar hereby relinquishes all right of dower and homestead in and to the Trust <br />Property. <br />2. Pavmept of Indebtedness. Trustor shall punctually pay the principal of and interest on the <br />Indebtedness secured hereby. <br />3. Status of Premises and Construction of Improvements. The buildings and building site, as designed <br />and constructed, are in compliance with Title III of the Americans with Disabilities Act, 42 U.S.C. § 121p1, et SP,q., <br />as amended, and the rules and regulations promulgated thereunder (hereinafter collectively referred to as the "ADA"). <br />At the request of Beneficiary, Trustor shall obtain an arehitect's written certification that the buildings and building site, <br />as designed and constructed, are in compliance with the ADA. <br />Trustor shall complete in good and workmanlike manner any buildings, improvements or repairs relating <br />thereto which may be begun on the Trust Property or contemplated by the loan evidenced by the Nnte secured hereby, <br />to pay when due all casts and liabilities incurred therefor, and not to permit any annstructinn lien against such Trust <br />Property. In the event construction of buildings, improvements ar repairs are contemplated, Trustor also agrees, <br />anything in this Deed of Trust to the contrary notwithstanding; (a) to promptly commence any such work and to <br />complete the proposed improvements promptly, (b) to complete the same in accordance with the plans and <br />specifications as approved by Beneficiary, (c) to comply with all the terms of a building loan agreement, if any, <br />between Trustor and Beneficiary, the terms of which are incorporated herein by reference and made a part hereof, (d) <br />to allow Beneficiary to inspect the Trust Property at all times during construction, and (e) to replace any work or <br />materials unsatisfactory to Beneficiary within fifteen (15) days after written notice from Beneficiary of such Fact. <br />4. Arn~licatinn ofPavments. All payments recervedby Beneficiary as to any debt, liability or obligation <br />owed to Beneficiary by Trustor may be applied by Beneficiary to the payment of the Indebtedness or to any such other <br />