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201104152 <br />Beneficiary. The word "Beneficiary" means Theodore G. Baer, and his successors and assigns. <br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and <br />Trustee, and includes without limitation all assignment and security interest provisions relating to the <br />Personal Property and Rents. <br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled <br />"Default". <br />Environmental Laws. The words `Environmental Laws" mean any and all state, federal and local <br />statutes, regulations and ordinances relating to the protection of human health or the environment, <br />including without limitation the Comprehensive Environmental Response, Compensation, and <br />Liability Act of MO, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund <br />Amendments and Reauthorization Act of 1986, Pub. L No. 99-499 ("SARA"), the Hazardous <br />Materials Transportation Act, 49 U.S.C. Section 11301, et seq., the Resource Conservation and <br />Recovery Act, 42 U.S.C. Section 69131, et seq., or other applicable state or federal laws, rules, or <br />regulations adapted pursuant thereto. <br />Ezisting Indebtedness. The words "Existing Indebtedness" mean the Indebtedness described in the <br />Existing Liens provision of this Deed of Trust. <br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this <br />Deed of Trust in the events of default section of this Deed of Trust. <br />Guaranty. The word "Guaranty" means the guaranty from guarantor. endorser, surety, or <br />accommodation party to Lender, including without limitation a guaranty of all or part of the Notes. <br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their <br />quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a <br />present or potential hazard to human health or the environment when improperly used, treated, stored, <br />disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous <br />Substances" are used in their very broadest sense and include without limitation any and all hazardous <br />or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The <br />term "Hazardous Substances" also includes, without imitation, petroleum and petroleum by-products <br />or any fraction thereof and asbestos. <br />Improvements. The word "improvements" means all existing and future improvements, buildings, <br />structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other <br />construction on the Real Property. <br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and <br />expenses payable under the Notes or Related Documents, together with all renewals of, extensions of, <br />modifications of, consolidations of and substitutions for the Notes or Related Documents and any <br />amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incuned by <br />Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on <br />such amounts as provided in this Deed of Trust. Specifically, without limitation, Indebtedness <br />includes all amounts that may be indirectly secured by the Cross-Collateralization provision of this <br />Deed of Trust. Indebtedness shall include, but is not limited to, all of the indebtedness, obligations <br />and liabilities of Steven Sempeck, an individual ("Sem�") and Gerorge Ove�eld Jr., an individual, <br />("Overfield"), to Lender whether individually or collectively, direct or indirect, joint or several, <br />absolute or contingent, due or to become due, now existing or hereafter arising under or in respect to <br />JLR/394902.5 <br />15 <br />