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M <br />T <br />C <br />Z <br />M D <br />After Recording Return to: _ <br />Q Philip E. Johnson <br />Bennington Johnson Biermann & Crail glil , LLC <br />370 17 St., #3500 <br />Denver, CO 80202 <br />1' <br />CIO <br />D <br />d <br />Nt <br />200500253 <br />nn <br />= D <br />M CA <br />n a <br />o. <br />n cn <br />p <br />C D <br />N <br />p <br />` <br />m <br />O <br />n L <br />O <br />z <br />= G, <br />D <br />U"1 <br />c::) <br />t <br />r.. �, <br />M <br />r <br />r n <br />o <br />cn <br />w <br />(Space above This Line For Recording Data) ---------------- ---- --- --- <br />DEED OF TRUST <br />DEFINITIONS <br />Words used in multiple sections of this document are defined below and other words are <br />defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words <br />used in this document are also provided in Section 16. <br />(A) "Security Instrument" means this document, which is dated December 10, 2004, <br />together with all Riders to this document. <br />(B) "Borrower" shall be deemed to include both Jeffrey A. Schwab, who signed the <br />Note and whose address is the Property Address, and 9973 West Bowles, LLLP, a <br />Colorado limited liability partnership, which owns the Property and is the trustor <br />under this Security Agreement. <br />(C) "Lender" is the Estate of Timothy M. Peterson, Lawrence E. Castle, Personal <br />Representative, a Colorado decedent's estate, with an address of 999 18a' St., <br />#2201, Denver, CO 80202. <br />(D) "Trustee" is First American Insurance Title Company. <br />(E) "Note" means the promissory note signed by Borrower and dated December 10, <br />2004. The Note states that Borrower owes Lender Two Hundred Fifty Thousand <br />Dollars (U.S. $250,000.00) plus interest. Borrower has promised to pay this debt as <br />follows: interest -only payments on the 10'h day of each month commencing <br />January 10, 2005, with all principal and accrued interest due December 10, 2007. <br />(F) "Property" means the property that is described below under the heading "Transfer <br />of Rights in the Property." <br />(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment <br />charges and late charges due under the Note, and all sums due under this Security <br />Instrument, plus interest. <br />(RT) "Applicable Law" means all controlling applicable federal, state and local statutes, <br />regulations, ordinances and administrative rules and orders (that have the effect of <br />law) as well as all applicable final, non - appealable judicial opinions. <br />(n "Electronic Funds Transfer" means any transfer of funds, other than a transaction <br />originated by check, draft, or similar paper instrument, which is initiated through an <br />electronic terminal, <br />NEBRASKA- UNIFORM INSTRUMENT <br />(Acknowledgements) <br />;o- sd <br />rf <br />0 <br />