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<br />loan No: 426450117397 <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />200709242 <br /> <br />Page 6 <br /> <br />Beneficiary. The word "Beneficiary" means JPMorgan Chase Bank, NA, and its successors and assigns. <br /> <br />Borrower. The word "Borrower" means ANN MARIE WARDYN and MICHAEL J WARDYN, and all other persons and entities signing <br />the Credit Agreement. <br /> <br />Credit Agreement. The words "Credit Agreement" mean the credit agreement dated October 6, 2007, in the original principal <br />amount of $69,650.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, <br />consolidations of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is October 6, <br />2037. <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 />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 1986, 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 />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 and 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 ANN MARIE WARDYN and MICHAEL J WARDYN. <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 />TRUSTOR: <br /> <br /> <br />X <br />MICHAEL J WARDYN, Individually <br /> <br />~~ <br />