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�01104424
<br />Hundred Fourteen and 84/100 Dollars ($32,914.84), together with any and all modifications, extensions, and
<br />renewals thereof or thereto and any and all future advances and re-advances to Borrower (or any of them if more
<br />than one) hereunder pursuant to such promissory note or credit agreement (herein called "Note"); (b) the payment of
<br />other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and
<br />agreements of Trustor set forth in this Deed of Trust, the Note or any promissory note, credit agreement, loan
<br />agreement, environmental agreement, guaranty, security agreement, mortgage, deed of trust, security deed, collateral
<br />mortgage or other instcument, agreement and document, whether now or hereafter existing, executed in connection
<br />with the Note. The Note, this Deed of Trust, and any and all other documents that secure the Note or otherwise
<br />executed in connection therewith, including without limitation guarantees, security agreements, and assignments of
<br />leases and rents, shall be referred to herein as the "Loan Instruments".
<br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS:
<br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
<br />2. Title. Trustor is the owner of the Property; has the right and authority to convey the Property; and
<br />warrants that the lien created hereby is a first and prior lien on the Property, and the execution and delivery of the
<br />Deed of Trust does not violate any contract or other obligation to which Trustor is subject.
<br />3. Taxes. Assessments. To pay before delinquent all t�es, special assessments, and all other charges
<br />against the Property now or hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by fire hazards included with the term
<br />"extended coverage" and such other hazards as Lender may require in amounts and with companies acceptable to
<br />Lender, naming Lender as an additional named insured with loss payable to the Lender. In case of loss under such
<br />policies, the Lender is authorized to adjust, collect, and compromise all claims thereunder and shall have the option
<br />of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender
<br />may determine, (u) to the Trustor, to be used for the repair or restoration of the Property, or (iu) for any other
<br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured
<br />hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or
<br />postpone the due date of any payments under the Note, or cure any default thereunder or hereunder.
<br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may
<br />designate, sufficient sums to enable Lender to pay as they become due one or more of the following: (i) all taxes,
<br />assessments, and other charges against the Property, (ii) the premiums on the properly insurance required hereunder,
<br />and (iu) the premiums on any mortgage insurance required by Lender.
<br />6. Maintena.nce. Repairs, and Compliance with I,aws. Trustor shall keep the Properiy in good condition
<br />and repair; shall promptly repair or replace any improvement which may be damaged or destroyed; shall not commit
<br />or permit any waste or deterioration of the Property; shall not remove, demolish, or substantially alter any of the
<br />improvements on the Property; shall not commit, suffer, or permit any act to be done in or upon the Properiy in
<br />violation of any law, ordinance, or regulation; and shall promptly discharge at Trustor's cost and expense all liens,
<br />encumbrances, and charges levied, imposed, or assessed against the Property or any part thereof.
<br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages, and other payments or
<br />relief (hereinafter "Proceeds") in connection with condemnation or other taking of the Property or part thereof, or for
<br />conveyance in lieu of condemnation. Lender shall be entitled at its option to commence, appear in, and prosecute in
<br />its own name any action or proceedings, and shall also be entitled to make any compromise or settlement in
<br />connection with such taking or da.mage. In the event any portion of the Property is so taken or damaged, Lender
<br />shall have the option, at its sole and absolute discretion, to apply all such Proceeds, after deducting therefrom all
<br />costs and expenses incurred by Lender in connection with such Proceeds, upon any indebtedness secured hereby and
<br />in such order as Lender may determine, or to apply all such Proceeds, after such deductions, to the restoration of the
<br />Properiy upon such conditions as Lender may determine. Any application of Proceeds to indebtedness shall not
<br />extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. Any
<br />unapplied funds shall be paid to Trustor.
<br />8. Performance by Lender. Upon the occurrence of an Event of Default hereunder, or if any act is taken or
<br />legal proceeding commenced that materially affects Lender's interest in the Property, Lender may in its own
<br />discretion, but without obligation to do so and without notice to or demand upon Trustor and without releasing
<br />Trustor from any obligation, do any act which Trustor has agreed but fails to do and may also do any other act it
<br />deems necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Lender, pay to
<br />Lender all costs and expenses incurred and sums expended by Lender in connection with the exercise by Lender of
<br />the foregoing rights, together with interest thereon at the default rate provided in the Note, which shall be added to
<br />the indebtedness secured hereby. Lender shall not incur any liability because of anything it may do or omit to do
<br />hereunder.
<br />9. Hazardous Materials. Trustor shall keep the Property in compliance with all applicable laws,
<br />ordinances, and regulations relating to industrial hygiene or environmental protection (collectively referred to herein
<br />as "Environmental Laws"). Trustor shall keep the Property free from all substances deemed to be hazardous or toxic
<br />under any Environmental I,aws (collectively referred to herein as "Hazazdous Materials"). Trustor hereby warrants
<br />and represents to Lender that there are no Hazardous Materials on or under the Property. Trustor hereby agrees to
<br />indemnify and hold harmless Lender, its directors, officers, employees and agents, and any successors to Lender's
<br />interest from and against any and all claims, damages, losses, and liabilities arising in connection with the presence,
<br />use, disposal, or transport of any Hazardous Materials on, under, from, or about the Property. TI� FOREGOING
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