200211847 - Laserfiche WebLink

Browse

DEED OF TRUST Page 6 200211847 Loan No: 426360145776 (Continued) Credit Agreement. The words "Credit Agreement" mean the credit agreement dated October 1, 2002, in the original principal amount of $35,000.00 from Truster to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is October 1, 2017. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Truster, Lender, and Trustee, and Includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. I "CERCLA "I, the Superfun l Amendments and Reauthorization Act of 1986, Pub. L. No. 99- 499("SARA "I, the Hazardous Materials Transportation Act. 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant [hereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust In the events Of default section of this Deed of Trust. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Deed of Trust. Hazardous Substances. The words 'Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words 'Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by- products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and ether construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses Incurred by Trustee or Lender to enforce Truster 'a obligations under this Deed of Trust, together with Interest on such amounts as provided in this Deed of Trust In addition, and without limitation, the term "Indebtedness" includes all amounts identified in the Revolving Line of Credh paragraph of this Deed of Trust. However, the term 'Indebtedness " is subject to the limitations identified in the Maximum Lien section of this Deed of Trust. Lender. The word "Lender" means Bank One, NA , its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Credit Agreement. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter awned by Truster, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds )including without limitation all Insurance proceeds and refunds of premiums) from any sale or ether disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described In this Deed of Trust Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, Income, Issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee' means Stewart Title Guaranty Company of Nebraska, whose address is 1220 Washington, Suite 100, Kansas City, MO 64105 and any substitute or successor trustees. Trustor. The word "Truster" means MICHAEL J WARDYN and ANN MARIE WARDYN. EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO ITS TERMS. TRUSTOR: %�.�,� MILH�AEL J WARDYN, In wimally X (HMO Q LC�LC 9a F ANN MARIE WARDYN, Individually INDIVIDUAL ACKNOWLEDGMENT STATE OF 'yj pLki'n--X[L, 1 ) SS COUNTY OF _ ktJ I 1 On this day before me, the undersigned Notary Public, personally appeared MICHAEL J WARDYN and ANN MARIE WARDYN, to me known to be the Individuals described In and who executed the Deed of Trust and acknowledged that they signed the Deed of Trust as their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this S'f. day of Oc fo be h�� By Notary Public in and for the GENERAL NOTARY -Slele Of Nd]rasua Residing at rr",Rr/SS(trrtd, Sk0- ELAINE L. STEINBECK My commission expires My Cantu, Eyp. B-162005