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<br />Loan No: 426370377370 <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />200700197 <br /> <br />Page 6 <br /> <br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or <br />federal laws, rules, or regulations adopted pursuant thereto. <br /> <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 /> <br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this <br />Deed of Trust. <br /> <br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or <br />physical, chemical or infectious characteristics, may cause or pose a 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 /> <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 /> <br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs 'md expenses payable under the <br />Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and <br />substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge <br />Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together <br />with interest on such amounts as provided in this Deed of Trust. In addition, and without limitation, the term "Indebtedness" includes <br />all amounts identified in the Revolving Line of Credit paragraph of this Deed of Trust. However, the term "Indebtedness" is subject to <br />the limitations identified in the Maximum Lien section of this Deed of Trust. <br /> <br />Lender. The word "Lender" means JPMorgan Chase Bank, NA, its successors and assigns. The words "successors or assigns" mean <br />any person or company that acquires any interest in the Credit Agreement. <br /> <br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or <br />hereafter owned by Trustor, 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 /> <br />Property. The word "Property" means collectively the Real Property and the Personal Property. <br /> <br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. <br /> <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 <br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. <br /> <br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived <br />from the Property. <br /> <br />Trustee. The word "Trustee" means American Title Insurance Co., whose address is 12105 West Center Road, Omaha, NE 68144 <br />and any substitute or successor trustees. <br /> <br />Trustor. The word "Trustor" means LORI A FORSYTHE and RUSSELL 0 FORSYTHE. <br /> <br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO <br />ITS TERMS. <br /> <br /> <br />........, <br /> <br />INDIVIDUAL ACKNOWLEDGMENT <br /> <br />STATE OF <br /> <br />A!{~{Ml~ <br />f(~__-~___ <br /> <br />COUNTY OF <br /> <br />} 55 <br />) <br /> <br />On this day before me, the undersigned Notary Public, personally appeared LORI A FORSYTHE and RUSSELL 0 FORSYTHE, to me known <br />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 <br />and voluntary act and deed, for the uses and purposes th.erein mentioned.. ~ ~. <br /> <br />Given under my hand and official seal this ~_-1gr:!.__"___.___ day of V~ ( h--r _'~ . 20 " " <br /> <br />--r-'>: (;t. . <br />By -___Z._____:..".__~ C <br />Notary Public in and for. the Sta~ 9f ____"_:L_ rt 'L-k.- <br />Residing at !ff!.!L;&'I,/] bttlJ 11,1. /~tf-S'#",; <br />My commission expires ~-/9'- ZL:MJ 7 <br /> <br /> <br /> <br />//g.R~ <br /> <br />~" GEMERAUDTARV-St;to cHJt~fljSh <br />7' T. S. EIDE <br />My Camm. Exp. AprlltB. 211111 <br />