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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 TWO <br />MILLION, TWO HUNDRED AND NINETEEN THOUSAND, SEVEN HUNDRED AND <br />SIXTY DOLLARS ($2,219,760.00) (the "HOME Promissory Note"); (b) the performance of the <br />covenants and agreements of Borrower contained in a certain Agreement as hereinafter defined; and <br />(c) the payment of all other sums, with interest thereon, advanced in accordance herewith to protect <br />the security of this Deed of Trust; and the performance of the covenants and agreements of Trustor <br />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 />HOME Promissory Note and the Agreement, to benefit the Property. A copy of the Agreement is <br />on file as a public record with the Beneficiary and is incorporated herein by reference. Trustor <br />acknowledges that but for the execution of this Deed of Trust, the Beneficiary would not enter into <br />the Agreement or HOME Promissory Note secured by 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. Renavment of the Loan. Trustor will promptly repay, when due, the principal loan <br />amount, as required by the HOME 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 and AHSC Loan, but the City's Affordability Restrictions on Transfer of <br />Property shall remain in first place with respect to the Senior Loan and subordinate with respect to <br />the AHSC Loan. <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 Trustor'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, Imes and impositions attributable to the Security which may attain a priority over this <br />Deed of Trust, by Trustor malting any payment, 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 />over this Deed of Trust; provided that Trustor will not be required to discharge the lien of the Deed <br />of Trust securing any senior lender or any other lien described in this paragraph so long as Trustor <br />