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<br />the Premises and the Accessories (without derogation of Article 3 hereo�; (v) oil, gas and other hydrocarbons and
<br />other minera,ls produced from or allocated to the Land and all products processed or obtained therefrom and the
<br />proceeds thereof; and (vi) engineering, accounting, title, legal, and other technical or business data. concerning the
<br />Mortgaged Property (as defined below) which are in the possession of Trustor or in which Trustor can otherwise
<br />grant a security interest; and (d) all (i) proceeds of or arising from the properties, rights, titles and interests referred
<br />to above in this Section 1.2, including but not limited to proceeds of any sale, lease or other disposition thereof,
<br />proceeds of each policy of insurance relating thereto (including premium refunds and including the right to receive
<br />proceeds atiributable to the insurance loss of the Premises), proceeds of the taking thereof or of any rights
<br />appurtenant thereto, including change of grade of streets, curb cuts or other rights of access, by eminent domain or
<br />transfer in lieu thereof for public or quasi-public use under any law, and proceeds arising out of any damage thereto;
<br />a.nd (u) other interests of every kind and character which Trustor now has or hereafter acquires in, to or for the
<br />benefit of the properties, rights, titles and interests refened to above in this Section 1.2 and all properiy used or
<br />useful in connection therewith, including but not limited to rights of ingress and egress and remainders, reversions
<br />and reversionary rights or interests; and if the estate of Trustor in any of the property referred to above in this
<br />Section 1.2 is a leasehold estate, the lien and security interest created hereby shall encumber and extend to all other
<br />or additional title, estates, interests or rights which are now owned or may hereafter be acquired by Trustor in or to
<br />the properly demised under the lease creating the leasehold estate. All of the foregoing real and personal property
<br />and intangible rights covered by and subject to this Deed of Trust are herein collectively referred to as the
<br />"M ort� a e� d Property".
<br />Section 1.3 Security Interest. Trustor hereby grants to Beneficiary a security interest in all of the
<br />Mortgaged Property which constitutes personal property subject to Article 9 of the Uniform Commercial Code or
<br />fixtures as defined therein (herein sometimes collectively called the "Collateral"). In addition to its rights hereunder
<br />or otherwise, Beneficiary shall have all of the rights of a secured party under Article 9 of the Uniform Commercial
<br />Code in force in any state to the e�rtent the same is applicable law.
<br />Section 1.4 Purpose. This Deed of Trust and the Obligations aze executed and incurred for business
<br />or agricultural purposes and not for personal, household or family purposes.
<br />Section 1.5 Future Advances and Expenses. This Deed of Trust also secwes the repayment of all
<br />advances that Beneficiary may extend to Trustor under the Credit Agreement and the other Loan Docuinents. In
<br />addition this Deed of Trust secures the repayment of all amounts e�cpended by Beneficiary to perform Trustor's
<br />covenants under this Deed of Trust or maintain, preserve, or dispose of the Mortgaged Property, together with
<br />interest thereon from date of expenditure until repaid.
<br />Section 1.6 Advances. This Deed of Trust is subject to the terms of the Credit Agreement, which is a
<br />loan agreement between Trustor and Beneficiary. Trustor aclaiowledges that in the event the Loans will be used for
<br />the purchase of the Mortgaged Property, Lender may impose any reasonable restricrions or conditions in order to
<br />insure that this Deed of Trust remains senior in priority to all other liens and encumbrances, including, but not
<br />limited to mechanics' and materialmen's liens. The Loans represented by the Loan Documents matures on the dates
<br />indicated in the recitals above. The Notes and Credit Agreement requires Trustor to make payments to Beneficiary
<br />on the terms provided therein.
<br />ARTICLE 2- REPRESENTATIONS, WARRANTIES AND COVENANTS
<br />Section Z.1 Trustor represents, warrants, and covenants as follows:
<br />(a) Payment and Performance. Trustor will make due and punctual payment of the Obligations.
<br />Trustor will timely and properly perform and comply with all of the covenants, agreements, and conditions imposed
<br />upon it by this Deed of Trust and the other Loan Documents and will not permit a default to occur hereunder or
<br />thereunder. Time shall be of the essence in this Deed of Trust.
<br />(b) Title and Permitted Encumbrances. Trustor has, in Trustor's own right, and Trustor covenants
<br />to maintain, good, valid and merchantable title to the Mortgaged Property, free and clear of all liens, charges,
<br />claims, security interests, and encumbrances except for Permitted Encumbrances. Trustor, and Trustor's successors
<br />and assigns, will warrant and forever defend ritle to the Mortgaged Property, subject as aforesaid, to Beneficiary
<br />against the claims and demands of all persons claiming or to claim the same or any part thereof. Trustor will
<br />punctually pay, perform, observe and keep all covenants, obligations and conditions in or pursuant to any Permitted
<br />Encumbrance and will not modify or permit modification of any Permitted Encumbrance (other tha.n the Permitted
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