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85000721
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Last modified
10/17/2011 4:20:49 PM
Creation date
4/1/2008 3:52:22 PM
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DEEDS
Inst Number
85000721
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reference made a part of this Deed of Trust. <br />This grant is for the purpose of securing the <br />payment and performance of the Restated Letter <br />Agreement dated May 31, 1984 entered into among <br />the Grantor, The Garst Corporation and American, <br />as amended by a Modification Agreement dated <br />November 30, 1984 and an Amendment to <br />Modification Agreement dated February 6, 1985 <br />(collectively, the "Letter Agreement ") and the <br />related promissory note (the "Note") dated <br />February 6, 1985, in the principal amount of <br />$48,000,000 made by Grantor and payable to the <br />order of American, as provided in the Letter <br />Agreement and the Note, with all unpaid princi- <br />pal and unpaid accrued interest due and payable <br />on demand, and all obligations or indebtedness <br />of any kind created under any renewals, exten- <br />sions, and amendments to or substitutions for <br />the Letter Agreement or the Note, or any other <br />instrument executed in connection with or pursu- <br />ant to the Letter Agreement or the Note <br />(subsequently referred to collectively as the <br />"Obligation "). This Deed of Trust secures <br />present and future advances made by American to <br />or for the benefit of the Grantor or any other <br />maker of the Note or the Letter Agreement, and <br />the lien of this Deed of Trust relating to all <br />such future advances shall relate back to the <br />date of this Deed of Trust. <br />2. All covenants and terms of the DOT not expressly modified by this <br />Second Modification remain in full force and effect until all the <br />payments or other requirements under the Obligation have been made or <br />satisfied. <br />3. If any provision of this Second Modification is deemed illegal, <br />inoperative, or unenforceable, that provision will not affect any <br />provision or render any other provision illegal, inoperative, <br />or unenforceable. <br />4. This Second Modification may be amended in any respect but only <br />by the written agreement of the parties. <br />This Second Modification is executed and delivered as of <br />-3- <br />
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