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<br />Bk Vol pg
<br />05020201 OPR 2726 522
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<br />TO HAVE AND TO HOLD the Mortgaged Property, together with, all and singular, the rights,
<br />hereditaments, and appurtenances in any wise appertaining or belonging thereto, unto Trustee, in trust and
<br />for the uses and purposes hereinafter set forth, forever.
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<br />Grantor hereby (a) covenants and agrees to warrant and forever defend, all and singular, the Mortgaged
<br />Property unto Trustee, forever, against every person or entity whomsoever lawfully claiming or to claim
<br />the same or any part thereof, and (b) grants to the City of San Marcos, Texas, a Texas municipal
<br />corporation, whose address is 630 East Hopkins, San Marcos, Texas 78666 ("Mortl!B!!ee"), a security
<br />interest in the Mortgaged Property, and each and every part thereof, and in all condemnation proceeds
<br />and similar sums, insurance proceeds, reserves, and other sums, proceeds, and funds referred to in Section
<br />5; provided that the grant of a security interest in the proceeds shall not be deemed to authorize any action
<br />otherwise prohibited herein.
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<br />SECTION 1. THE OBLIGATION.
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<br />1.1 This instrument, and all rights, remedies, powers, privileges, and benefits (collectively,
<br />"Rie:hts") and all titles. interests, liens, and security interests (collectively, "Liens") created hereby or
<br />arising by virtue hereof, are given to secure payment and performance of the following indebtedness,
<br />liabilities, and obligations (the "Obli!!ation"):
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<br />(a) The "Loan," as the term is defmed in the Chapter 380 Economic Development Grant and
<br />Loan Agreement (as the same may have been or hereafter be renewed, extended, amended, supplemented,
<br />or modified, the "Loan Aereement") of even date herewith between Grantor and Mortgagee, including,
<br />without limitation, the indebtedness evidenced by that certain Deed of Trust Note (the "Note") of even
<br />date therewith, executed by Borrower and payable to the order of Mortgagee, in the original principal
<br />amount of One Million Five Hundred Thousand Dollars ($1,500,000.00) bearing interest as therein
<br />provided with interest and principal being payable as therein provided;
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<br />(b) all indebtedness, liabilities, and obligations of Grantor arising under this instrument;
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<br />(c) all indebtedness, liabilities and obligations of Grantor arising under the Loan Agreement,
<br />any of the other Loan Documents (as such term is defined in the Loan Agreement), or any other
<br />agreement between Grantor and Holder, or among Grantor, Holder and any other party or parties,
<br />pertaining to the repayment or use of the proceeds of the loan evidenced by the Note and Loan
<br />Agreement;
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<br />(d) all loans and advances which Mortgagee may hereafter make to Grantor and all other and
<br />additional indebtedness, liabilities, and obligations of every kind and character of Grantor, now or
<br />hereafter existing in favor of Mortgagee, regardless of whether such obligations are direct, indirect,
<br />primary, secondary, joint, several, joint and several, liquidated, unliquidated, fixed, or contingent, and
<br />regardless of whether the same may, prior to their acquisition by Mortgagee, be or have been payable to
<br />some other person or entity, it being the intention and contemplation of Grantor and Mortgagee that future
<br />advances may be made to Grantor for a variety of purposes, and that Mortgagee may from time to time
<br />acquire from others obligations of Grantor to such others, and that payment and repayment of all of the
<br />foregoing are intended to and shall be part of the Obligation secured hereby; and
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<br />(e) any and all renewals, extensions or rearrangements of all or any part of the loans,
<br />advances, indebtedness, liabilities and obligations described or referred to in clauses (a), (b), (c), and (d)
<br />preceding and all notes executed in replacement thereof, together with interest accruing thereon and all
<br />court costs, attorneys' fees and other costs incurred in the enforcement or collection of an or any part
<br />thereof.
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<br />CITY OF SAN MARcos-JQH DEED OF TRUST
<br />779100.6
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