Laserfiche WebLink
99- 1�3612 <br /> LEASEHOLD DEED OF TRUST <br /> THIS LEASEHOLD DEED OF TRUST is made as of the �' day of <br /> March, 1999, by and among FAZOLI'S RESTAURANTS, INC., a <br /> Kentucky corporation, whose mailing address is 2470 Palumbo Drive, <br /> Lexington, Kentucky 40509, as Trustor (Trustor hereinafter referred to as <br /> "Grantor"), and Lawyers Title Insurance Corporation whose mailing <br /> address is 30 North LaSalle Street, Suite 3440, Chicago, Illinois 60602 <br /> ("Trustee"), and BANKBOSTON, N.A., a national banking association <br /> having a principal place of business at 100 Federal Street, Boston, <br /> Massachusetts 02110, as Agent for itself and the other Banks who are or <br /> may become parties to the Credit Agreement (as defined in the Deed of <br /> Trust Rider attached hereto as Exhibit G'� (in such capacity, the <br /> "Beneficiary"). <br /> FOR VALUABLE CONSIDERATION, Grantor irrevocably transfers, <br /> conveys, and assigns to Trustee, in trust, with power of sale, for the <br /> benefit and security of Beneficiary, under and subject to the terms and <br /> conditions of this Deed of Trust, the Property (as defined in the Leasehold <br /> Deed of Trust Rider). <br /> The Property and the entire estate and interest conveyed to the <br /> Trustee are referred to collectively as the "Trust Estate." <br /> For the purpose of securing: <br /> (a) The payment of the Obligations (as defined in the <br /> Leasehold Deed of Trust Rider), including the <br /> Obligations evidenced under the Notes (as defined in <br /> the Leasehold Deed of Trust Rider) executed by the <br /> Borrowers, in the total principal amount of <br /> $80,000,000.00 Dollars with interest thereon, which <br /> have been delivered and are payable to the order of <br /> each of the respective Banks, and which by this <br /> reference are hereby made a part hereof, and any and <br /> all modifications, extensions, and renewals thereof, and <br /> (b) Payment of all sums advanced by Beneficiary to protect <br /> the Trust Estate, with interest thereon at the rate <br /> provided in the Credit Agreement. <br /> The covenants, agreements, conditions, representations and <br /> warranties contained in the Leasehold Deed of Trust Rider which is <br /> attached hereto as Exhibit C are incorporated herein by reference as if <br /> fully set out herein; and all references to any covenants, agreements, <br /> BUSDOCS:721711.1 <br />