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„ �.� a f F M <br />MORTGAGE <br />Laan No: 49943LP (Continued) � �� � ��� p C j Page 6 <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. 5ection 9601, et seq. 1"C�RCLA°�, the 5uperfund <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 epplicable state or <br />federal laws, rules, or regulatibns adopted pursuant thereto. <br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default <br />section of this Mortgage. <br />Grantor. The word "Grantor" means Custard Cats, LLC, <br />Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. <br />Guaranty. The word "Guaranty" means the guaranty frpm Guarantar to Lender, including without limitation a guaranty of all or part of <br />the Note. <br />Hazardous Substances. The words "Hazardous 5u6stances" mean materials that, 6ecause 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 usetl in Sheir very bruadast sense and inctude without limitatipn any �snef al� or - toxic <br />subst�nces, materials or waste as definBd by ar listed under the Enviranment8l Laws. The #erm "Haz�rdvus 5ubstances" also <br />includes, withou# limitation, petroleum and petroleum by-products or any fraction therepf and as6estos. <br />Improvements. The word "Improvements" means all existing and future improvements, 6uildings, structures, mo6ile homes aftixed on <br />the Real Property, facilities, additions, replacements and other construction on the Real Property. <br />Indebtednass. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note <br />or Releted 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 Grantor's obligations or expenses incurred by <br />Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. <br />Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision, together with all <br />interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this Mortgage. <br />Lender. The word "Lender" means IN7RUST Bank, N.A., its successors and assigns. <br />Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. <br />Note. Th� wo�d ° Note" means cne promissory note dated October zo, 2oio, in the original principal amount of <br />$1,200,000.00 from Grentor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, <br />consolidations of, and substitutions for the promissory note or agreement. NOtICE 70 GRAN70R: THE NOTE CQNTAINS A <br />VARIABLE INTEREST RATE. • <br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property nvw or <br />hereafter owned by Grantor, 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 />Property. The word "Property" means collectively the Real Property and the Personal Property. <br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. <br />Related Dacuments. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental <br />ayreem�nts, �uaranties, se�urity agrer�ments, mnrt��ges, deeds of trust, ;�r;curity deeds, collat:�ral m�rtyages, and all other <br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Inde6tedness. <br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived <br />from the Pruperty. <br />GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. <br />GRANTOR: <br />CUSTC�iB.�ATS, LLC <br />By <br />� <br />��� <br />LIMITED I.IAB <br />STATE OF "��„�vy�j, __ <br />COUNTY OF <br />� <br />COMPANY ACKNOWLEDGMENT <br />► SS <br />On this Za day of �,]��"p�-�J , 20 �, before me, the undersigned Notary Public, <br />personally appeared David L Dreiling, Member of Custard Cats, LLC, and known to me to be memher or designated agent of ti�e limited <br />liability company that executc�d the Mortgage and acknowledged the Mortgage to 6e the free and uoluntary act and desd of the limited <br />liability company, by authbrity of statute, its articles bf organizatiun or its operating agreement, for the tiases and purposes therein <br />mentioned, and on oath stated that he or she is authorized to execute this Mortgage and in fact executed the Mortgage on behalf of the <br />limited liability company. �� <br />/ P � ~,RO � <br />��v �t r �t° � <br />. <br />'� �` <br />��� <br />W� �Rl\C+ 1 <br />��F n ' �: st�� <br />BY _ � • �d�1-�.�t� _ __ _ - <br />Notary ublic in and for the State nf ��d�p.,.p_� <br />Residing at '?p J �'Y1C' Lca�JL _ <br />My commission expires �«7 � '$�$�___ <br />� ___.... <br />� 2014 <br />LASER PRO Lending, Ver. 5.52.10"b�(��r. Harland Financial Solutions, Inc. 1997, 2010. <br />C:\CFI\LPL\G03.FC TR-88731 PR-5 <br />