DEED OF TRUST
Loan No: 8077206768 (Continued) Page 15

 

 

statutes, regulations and ordinances relating to the protection of human health or the environment,
including without limitation the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. the Superfund
Amendments and Fleeuthorization Act of 1986, Pub. L. No. 99-499 the Hazardous
Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and
Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or
regulations adopted pursuant thereto.

Event of Default. The words "Event of Default" mean any of the events of default set forth in this
Deed of Trust in the events of default section of this Deed of Trust.

Grantor. The word ?Grantor" means CHAWLA POINTE, LLC.

Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or
all of the indebtedness.

Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without
limitation a guaranty of all or part of the Note.

Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their
quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a
present or potential hazard to human health or the environment when improperly used, treated,
stored, disposed of, generated, manufactured, transported or otherwise handled. The words
"Hazardous Substances" are used in their very broadest sense and include without limitation any
and all hazardous or toxic substances, materials or waste as defined by or listed under the
Environmental Laws. The term "Hazardous Substances" also includes, without limitation,
petroleum and petroleum by-products or any fraction thereof and asbestos.

Improvements. The word "Improvements" means all existing and future improvements, buildings,
structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other
construction on the Real Property.

Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and
expenses payable under the Note or Related Documents, together with all renewals of, extensions
of, modi?cations of, consolidations of and substitutions for the Note or Related Documents and any
amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred
by Trustee 0r Lender to enforce Grantor's obligations under this Deed of Trust, together with
interest on such amounts as provided in this Dead of Trust. Specifically, without limitation,
Indebtedness includes the future advances set forth in the Future Advances provision, together with

all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization
provision of this Deed of Trust.

Lender. The word "Lender" means GUARANTY BANK 8i. TRUST COMPANY, its successors and
assigns.

Note. The word "Note" means the promissory note dated May 5, 2016, In the original principal
amount of $5,000,000.00 from Grantor to Lender, together with all renewals of, extensions of.

modifications of, refinancings of, consolidations of, and substitutions for the promissory note or
agreement. The maturity date of the Note is May 5, 2021

va-
9 .C -