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DEED OF TRUST 200213763 Page 8
<br />Loan NE: n5875 +` � �� � (Continued)
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The ward "Borrower" means WILLIAM D DIESSNER and CHERI M DIESSNER, and all other persons and entities signing the
<br />Note in whatever capacity.
<br />Dead of Trust. The words "Deed of Trust" mean this Deed of Trust among Truster, Lender, and Trustee, and Includes without
<br />limitation all assignment and security interest provisions relating to the Percunal Property and Hunts.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default ".
<br />Env ronmantal Laws. The words "Environmental. Laws" mean any and all state, federal and local stations, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental
<br />Resparse, Compensation, and Liability Act of 1980, as amended 42 U.S.C. Section 9601, at seq. I'CERCLA "), the Supedund
<br />Amendments and Reauthorization Act of 1986, Pun. L Nn. 99 -499 f "SARA" 1, the Hazardous Materials Transportation Act 49 U.S.C.
<br />Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />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
<br />default section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to I ender, including
<br />without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. Tire words "Hazardous Substsuncei mean ter
<br />maials that, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause or posea present or potential hazard to human health or the environment
<br />when improperly used, treated stored disposed of generated, manufactured, transported or otherwise handled. The words
<br />"Hazardous Substances" are used In their very broadest sense and include without limitation any and all hazardous or toxic
<br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also
<br />includes, without limitation, petroleum and petroleum 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
<br />the 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
<br />or Related Documents, together with all renewals Of, extensions of, modifications of, consolidations of and substitutions far the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge Tractor's obligations or expenses incurred by
<br />Trustee or Lender to enforce Tractor's obligations under this Deed of Trust, together with interest on such amounts as provided In this
<br />Deed of Trust.
<br />Lender. The word "Lender" means Five Paints Bank, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated December 3, 2002, In the original principal amount of
<br />$133.081.51 from Truster to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidation.
<br />of, and substitutions for the promissory note or agreement. Tire maturity date of this Deed of Trust is 12 -03 -2022.
<br />Personal Property. The word "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />hereafter owned by Toaster, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and
<br />additions to, all replacements of, and all substitutions for, any of Such property, and together with all proceeds )including without
<br />limitation all insurance proceeds and refunds of 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 "Heal Properly" mean the real property, interests and rights, as further described in this Dead of Trust.
<br />Related Documents. The words "Related Documents " all promissory rules, credit agreements, loan agreements, a ronmantal
<br />agreements, guaranties, security agreements, mortgages,, deeds of trust security deeds, collateral mortgages, and all other
<br />instruments, agreements and documants, whether now or hereafter existing, executed in connection with the Indebtedness.
<br />Rants. The word "Rents" means all present and future rents, revenues, income, Issues, rnyalties, profits, and other benefits derived
<br />from the Property.
<br />Toaster. The word "Tractor" means WILLIAM D DIESSNER and CHERI M DIESSNER.
<br />EACH TRUSTER ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTER AGREES TO
<br />ITS TERMS.
<br />TRUSTOR:
<br />X "�
<br />WILLIAM D DIESSNER, Individually
<br />X L r '1 It r luiy—a�V --
<br />C IESSNER, Individually
<br />
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