|
Loan No: 101247823
<br />DEED OF TRUST � O�� O O���.
<br />(Continued)
<br />Page 10
<br />DEFINITIONS. The following capitelized words and terms shall have the follow(ng meanings when used in this Deed of
<br />Trust. Unless specifically stated to the contrary, all references to doller amounts shall mean amounts In lawful money
<br />of the United States of Americe. Words and terms used in the singular shall include the plural, and the plurel shall
<br />include the s(ngular, es the context may require. Words and terms not otherwise defined in this Deed of Trust shall
<br />have the meanings attributed to such terms fn the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Five Points Benk, and its successors and assigns.
<br />Borrower. The word "Borrower" means CARDINAL SNACKS INC, THOMAS G ROWE and ANGELA L ROWE end
<br />includes ell co-signers and co-makers s(gning the Note and all their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, end
<br />includes without limitation ell essignment end security interest provisions relating to the Personel Property and
<br />Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Defeult".
<br />Environmental Laws. The words "Environmentel Laws" mean any end all state, federal end local statutes,
<br />regulations and ordinences retating to the protection of humen health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"1, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation end Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules,
<br />or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean eny of the events of default set fonh in this Deed of Trust in
<br />the events af default section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Lfens
<br />provision of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or eccommodetion party to
<br />Lender, including without limitetion a guarenty of all or part of the Note.
<br />Hazardous Substences. The words "Hazardous Substances" mean materials that, because of their quantity,
<br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
<br />to humen health or the environment when improperly used, treated, stored, disposed of, generated, menufactured,
<br />transported or otherwise handled. The words "Hazerdous Substances" are used in their very broadest sense and
<br />include without limitation any end all hazardous or toxic substances, materlals or waste as defined by or listed
<br />under the Environmental Laws. The term "Hazerdous Substances" also includes, without limitation, petroleum and
<br />petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
<br />Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
<br />consolidations of and substitutions for the Note or Related Documents and any amounts expended or edvanced by
<br />Lender to discharge Trustor's obligetions or expenses incurred by Trustee or Lender to enforce Trustor's
<br />obligations under this Deed of Trust, together with tnterest on such amounts as provided in this Deed of Trust.
<br />Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances
<br />provision, together with all interest thereon and a!I amounts that may be indirectly secured by the
<br />Cross-Collateralization provision of this Deed of Trust. -
<br />Lender. The wocd "Lender" means Five Polnts Bank, its successors and assigns.
<br />Note. The word "Note" means the promissory note deted Jenuery 3, 2012 in the original principal amount
<br />Of $50,098.50 from Borrower to Lender, together with all renewals of, extensions of, modifications of,
<br />refinancings of, consolidations of, and substitutions for the promissory note or agreement.
<br />Personal Property. The words "Personel Property" mean all equipment, fixtures, and other articles of personat
<br />property now or hereafter owned by Trustor, and now or hereafter atteched or effixed to the Real Property;
<br />together with all accessions, parts, and additions to, ell replacements of, and all substitutions for, any of such
<br />property; end together with att proceeds (including without limitation ell insurence proceeds and refunds of
<br />premiums) from any sale or other disposition of the Property.
<br />Property. The word "Property" means collectively the Real Property and the Personal Property,
<br />Real Property. The words "Reel Property" mean the real property, interests end rights, as further described in this
<br />Deed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, cred(t agreements, loan
<br />egreements, environmental agreements, gueranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
<br />
|