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buildings for the purposes for which they were or are to be erected, including all other goods and <br />chattels and personal property as are ever used or furnished in operating a building, or the activities <br />conducted therein, similar to the one herein described and referred to, and all renewals or <br />replacements thereof or articles in substitution therefor, whether or not the same are, or shall be <br />attached to said building or buildings in any manner; and all of the foregoing, together with the <br />Property, is herein referred to as the "Security'; <br />To have and to hold the Security together with acquittances to the Trustee, its successors and <br />assigns forever; <br />TO SECURE to the Beneficiary (a) the repayment of the sums evidenced by a Promissory <br />Note to the Beneficiary executed by Trustor of even date herewith in the principal amount of One <br />Million Eight Hundred Seventy Five Thousand Dollars ($1,875,000.00) (the "Inclusionary <br />Promissory Note"); (b) the performance of the covenants and agreements of Borrower contained in <br />a certain Agreement as hereinafter defined; and (c) the payment of all other sums, with interest <br />thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and the <br />performance of the covenants and agreements of Trustor contained herein. <br />TRUSTOR AND THE BENEFICIARY COVENANT AND AGREE AS FOLLOWS: <br />1. The Agreement. This Deed of Trust is executed and delivered, along with the <br />Inclusionary Promissory Note and the Loan Agreement, to benefit the Property. A copy of said <br />Loan Agreement is on file as a public record with the Beneficiary and is incorporated herein by <br />reference (the "Agreement"). Trustor acknowledges that but for the execution of this Deed of Trust, <br />the Beneficiary would not enter into the Agreement or Inclusionary Promissory Note secured by <br />this Deed of Trust. <br />2. Trustor's Estate. Trustor is lawfully seized of the estate hereby conveyed and has the <br />right to grant and convey the Security; that other than this Deed of Trust, the Security is not <br />encumbered except for obligations secured by deeds of trust, or any other security agreement, to <br />secure financing or refinancing for the purchase and rehabilitation of the Property. <br />3. Repayment of the Loan. Trustor will promptly repay, when due; the principal loan <br />amount, as required by the City Promissory Note secured by this Deed of Trust. <br />4. Subordination This obligation secured by this Deed of Trust shall be subordinated <br />to the Senior Loan, but the City's Affordability Restrictions on Transfer of Property shall remain in <br />first place except that the City's Affordability Restrictions on Transfer of Property shall be <br />subordinated to Truster's Senior.Loan for acquisition. <br />5. Prior Mortgages and Deeds of Trust Charges: Liens. Trustor shall perform all of <br />Trustor's obligations under any mortgage, deed of trust or other security agreement with a lien <br />which has priority over this Instrument, including Truster's covenants to make payments when due <br />(subject to an applicable notice and cure provisions). Trustor will pay all taxes, assessments and <br />other charges, fines and impositions attributable to the Security which may attain a priority over this - <br />Deed of Trust, by Trustor making anypayment, when due, directly to the payee thereof. Trustor <br />will promptly furnish to the Beneficiary all notices of amounts due under this paragraph, and in the <br />event Trustor makes payment directly, Trustor will promptly discharge any lien which has priority <br />