Laserfiche WebLink
<br />.. <br /> <br />DEED OF TRUST <br />( Continued) <br /> <br />200706863 <br /> <br />Page 6 <br /> <br />Borrower. The word "Borrower" means PAZAZ! MARKETING, INC. and includes all co-signers and co-makers signing the Note and all <br />their successors and assigns. <br /> <br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without <br />limitation all assignment and security interest provisions relating to the Personal Property and Rents. <br /> <br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". <br /> <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 <br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund <br />Amendments and Reauthorization Act of 1 986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. <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 />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 !mp~0per!y used. treated, stored, disposed of, genllrated, rnanuf"'Gtured, transported or othp.rwise handled. Thp, 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 and expenses payable under the Note <br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note <br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by <br />Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this <br />Deed of Trust. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the <br />Crass-Collateralization provision of this Deed of Trust. <br /> <br />Lender. The word "Lender" means Exchange Bank, its successors and assigns. <br /> <br />Note. The word "Note" means all past. present and future notes, loans or other obligations of the borrower. <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 Exchange Bank, whose address is P.O. Box 5793, Grand Island, NE 68802 and any substitute <br />or successor trustees. <br /> <br />Trustor. The word "Trustor" means ROGARD LLC. <br /> <br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST. AND TRUSTOR AGREES TO ITS TERMS. <br /> <br />TRUSTOR: <br /> <br /> <br />VICTOR G ROJAS, Membe <br />