|
200109719 ` r
<br />DEED OF TRUST
<br />Loan No: 27115 (Continued) Page 6
<br />used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise
<br />defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Exchange Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means RAYMOND J 0' CONNOR and JENNIFER S O'CONNOR, and all other persons and entities signing
<br />the Note in whatever capacity.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all
<br />assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default ".
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the.environment, Including without limitation the Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1960, as amended, 42 U.S.C. Section 9601, et seq. ( "CERCLA "), the Superfund Amendments and
<br />Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA', the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, st seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, st seq., or other applicable state or federal laws, rules, or regulations
<br />',opted pursuant thereto.
<br />Event of De -- [ T —W qf,D_ efault" mean, #py of the events, .of default set frrtb in this Deed of Trust in tho events of default
<br />3 X04. Deed of Trust. ;
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, Including without
<br />limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
<br />chemical or Infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly
<br />used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are
<br />used in their very broadest sense and Include without limitation any and all hazardous or toxic substances, materials or waste as defined by
<br />or listed under the Environmental Laws. The term "Hazardous Substances" also Includes, without limitation, petroleum and petroleum
<br />by- products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the
<br />Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or
<br />Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related
<br />Documents and any amounts expended or advanced by Lender to discharge Trustoes obligations or expenses incurred by Trustee or
<br />Lender to enforce Trustoes obligations under this Deed of Trust, together with Interest on such amounts as provided in this Deed of Trust.
<br />Lender. The word "Lender" means Exchange Bank, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated September 21, 2001, in the original principal amount of
<br />$350,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and
<br />substitutions for the promissory note or agreement.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
<br />owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
<br />replacements of, and all substitutions for, any of such property; and together with all proceeds (Including without limitation all insurance
<br />proceeds and refunds of premiums) from any sale or other disposition of the Property.
<br />Pro ri " r�+1' .*+.enc w,du u,o -ae.► c",,.,. s,.a.a�..,.a► or�.,e.+ .
<br />_ _ P4K1X._.�T_.tua,fe(ar p�
<br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
<br />agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the
<br />Property.
<br />Trustor. The word "Trustor' means RAYMOND J O'CONNOR and JENNIFER S O'CONNOR.
<br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO
<br />ITS TERMS.
<br />TRUSTOR:
<br />INDIVIDUAL ACKNOWLEDGMENT
<br />STATE OF
<br />) SS
<br />COUNTY OF�� %i, )
<br />On this day before me, the undersigned Notary Public, personally appeared RAYMOND J O'CONNOR and JENNIFER S O'CONNOR, HUSBAND
<br />AND WIFE, AS JOINT TENANTS, to me known to be the individuals described in and who executed the Deed of Trust, and acknowledged that
<br />they signed the Deed of Trust as their free and voluntary act and deed, for the uses and purposes therein mentioned.
<br />Given under my hand and official seal this _ r ` 64 r- , 20_.
<br />Notary Public in and for the State of e'Ld/ -
<br />sod Residing Residing at
<br />l SCOTT HOBSON My commission expires
<br />My Comm. Exp. A0 21,2006
<br />
|