This Instrument prepared by:
Dawn Helms Sharff, Esq.
Walston, Wells, Anderson & Bains, LLP
505 20th Street North, Suite 500
THIS Deed of Trust, Security Agreement and Assignment of Rents and Leases (the "deed of trust") is made and
entered into as of this 21st day of February, 2002, by and between ROBERTS PROPERTIES RESIDENTIAL,
L.P., a Georgia limited partnership authorized to do business in North Carolina as Roberts Properties Residential,
Limited Partnership (the "Mortgagor"), whose address for notice purposes is 8010 Roswell Road, Suite 120,
Atlanta, Georgia 30350, in favor of L. HUNTER MEACHAM, JR. of Fidelity National Title Insurance
Company, 201 South Tryon Street, Suite 1450, Charlotte, NC 28202 (the "Trustee"), for the benefit of
AMSOUTH BANK, an Alabama banking corporation (the "Beneficiary") whose address is P.O. Box 11007,
Birmingham, Alabama 35288, Attention:
Commercial Real Estate Loan Department.
A. The Mortgagor is, or hereafter shall be, justly indebted to the Beneficiary in the aggregate principal amount of
$24,000,000, as evidenced by a promissory note of even date herewith, in the principal amount of $24,000,000,
which note bears interest as provided therein (the "Note").
B. To secure the Note, and to induce the Beneficiary to extend credit to the Mortgagor on the strength of the
security provided by this deed of trust and convey the property described herein to the Beneficiary as hereinafter
set forth, the Mortgagor has agreed to execute and deliver this deed of trust to the Trustee for the benefit of the
NOW, THEREFORE, in consideration of the above Recitals, and to secure the payment of the following
(hereinafter collectively referred to as the "Debt"):
(1) the payment of the debt evidenced by the Note, and interest thereon and any and every extension, renewal
and modification thereof, or of any part thereof, and all interest on all such extensions, renewals and
Birmingham, AL 35203