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20110865C
<br />DEED OF TRUST
<br />Loan No: 2935477005 (COrttirtUed) Page 94
<br />under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
<br />petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
<br />Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts costs and expenses
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
<br />consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
<br />Lender to discharge Trustor's obligations or expenses incurred by i'rustee or Lender Yo enforce Trusior's
<br />obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br />Specifrcally, without limitation, lndebtedness inGudes all amounts that may be indirectly secured by the
<br />Cross-Collateralization provision of this Deed of Trust.
<br />Lender. The word "Lender" means Welis Fargo Bank, National Association, its successors and assigns.
<br />Note. 7he word "Note" means the promissory note dated October 28, 2011, Itl the origina! principal
<br />amount Of $1,500,000.00 from Trustor to Lender, together with all renewals of, extensions of,
<br />modifications of, refinancings of, cortsolidations of, and substitutions for Yhe promissory note or agreement. The
<br />maturity date of this Deed of Trust is November 5, 2021. NOTICE TO TRUSTOR: THE NOTE CONTAINS A
<br />VARIABLE IN7EREST RATE.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personai
<br />property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property;
<br />together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
<br />property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
<br />premiums) from any sale or other disposition of the Property.
<br />Property. The word "Properry" means collectively the Real Property and the Personal Property.
<br />Real Properly. The words "Real Properry" mean the real properry, interests and rights, as further described in this
<br />Deed of Trust.
<br />Related Oocuments. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br />ag�eements, environmental agreemenfs, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
<br />existing, executed in connecUon with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
<br />other benefits derived from the Property.
<br />Trustee. The word "Trustee" means Welis Fargo Financiai National Bank, whose address is c!o Minneapolis Loan
<br />Operations Center, 730 2nd Avenue South, Suite 1000, MAC # N9306-101, Minneapolis, MN 55479 and any
<br />substitute or successor trustees.
<br />Trustor. The word "Trustor" means GIPH Restaurants, L.L.C..
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL TNE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR
<br />AGREES TO ITS TERMS.
<br />TRUS70R:
<br />GtPH RESTAURAMTS, L.L.C.
<br />STAA H RESTAURANT OP TIONS, INC., Member of GIPH Restaurants, L.L.C.
<br />By:
<br />Da id W. Staab, sident of Staab PH Restaurant Operalions, lnc.
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