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machinery, equipment, fixtures. tenements. easements, development rights, land use approvals.
<br />etc., existing in connection wi[h the lands referenced above, as amended by the Amendment to
<br />Deed of Trust, Security Agreement. Financing Statement. Fixture Filing and Assignment of
<br />Leases and Proceeds dated as of September 10. 2002 from CMAC to the Public Trustee of
<br />Huerfano County, Colorado, as Trustee, for the benefit of RCI, recorded with the Huerfano
<br />County Clerk Recorder on September I_. ^_002. at Reception No. 200200355401, and as
<br />amended by the Second Amendment to Deed of Trust, Sec4ri[y Agreement, Financing
<br />Statement, Fixture Filing and Asstgnment of Leases and Proceeds dated as of October 30. 2002
<br />from CMAC to the Public Trustee of Huerfano County, Colorado, as Trustee, for the benefit of
<br />RCI, recorded with the Huerfano County Clerk and recorded on November 1, 2002 at
<br />Reception No. 200200356046.
<br />"RCI Stock Pledge Agreement" means the Stock Pledge Agreement dated as of June 24,
<br />2002 between COMAT and RCI, pursuant to which COMAT pledged its CMAC shares to RCI.
<br />as amended by the Amendment to Stock Pledge Agreement dated as of September l0, 2002
<br />between COMAT and RCI, and as amended by Second Amendment to Stock Pledge Agreement
<br />dated as of October 30, 2002 between COMAT and RCI.
<br />"RCI UCC-1 (ACRWI Filin¢s" means UCC-1 Filing No. 20022068227, filed June 27,
<br />2002 with Colorado Secretary of Stale (Debtor: COMAT; Secured Party: RCI; Collateral: All
<br />right, title and interest in and to COMAT's membership interests in ACRW), as amended by
<br />UCC-1 Filing No. 20022095940, filed September 11, 2002 with Colorado Secretary of State,
<br />and as amended by UCC-I Filing No. 20022! 15275, Filed October 3l, 2002 with Colorado
<br />Secretary of State.
<br />"RCI UCC-1 (Asset) Filings" means UCC-1 Filing No. 20022068226, filed June 27,
<br />202 with the Colorado Secretary of State (Debtor: CMAC; Secured Party: RCI; Collateral:
<br />Assets as stated therein); UCC-1 Filing No. 2158433 7 filed lone 28, 2002 with the Delaware
<br />Secretary of State (Debtor: Agile; Secured Party: RCI; Collateral: Assets as stated therein);
<br />UCC-1 Filing No. 2274863 4 filed October 31, 2002 with the Delaware Secretary of State
<br />(Debtor: Agile; Secured Party: RCI; Collateral: Assets as stated therein); UCC-1 Filing No.
<br />2275130 7 filed October 31, 2002 with the Delaware Secretary of State (Debtor: Agile;
<br />Secured Patty: RCI; Collateral; Assets as stated therein); and UCC-I Amendment Filing No.
<br />2274904 6 filed October 31, 2002 with the Delaware Secretary of State (Debtor: Agile;
<br />Secured Patty: LINC; Collateral: Assets as stated therein).
<br />"Second Deed of Trust" means the Second Deed of Trust dated as of May 24, 2001,
<br />between Agile and the Public Trustee of Fremont County, Colorado, for the benefit of Landco.
<br />R. Case, L. Case and Stepdan J. Meylan, in the Fremont County, Colorado, recorded at
<br />Reception No. 375678 on August 20, 2001, as assigned by Landco, R. Case and L. Case.
<br />"U.S. Bancorp" means U.S. Bancorp Equipment Finance, Inc., f/k/a U.S. Bancorp
<br />Leasing & Financial.
<br />"U.S. Santoro COMAT Guaranty" means the Guaranty dated as of May I2, 1999 from
<br />COMAT to U.S. Bancorp, guaranteeing (a) the full, prompt, complete and final payment and
<br />performance of all obligations of Agile and Rock & Rail (i) pursuan[ to any agreements
<br />theretofore or thereafter entered in[o between U.S. Bancorp and Agile and Rock & Rail
<br />together with any and all schedules and riders thereto and any and all other instruments or
<br />agreements executed and delivered by Agile and Rock & Rail in connection therewith or tit) m
<br />any way arising therefrom and (b) any and all other obligattons and liabilities of Agile and
<br />Rock & Rail to U.S. Bancorp.
<br />"U.S. Bancorp Master Lease Agreements" mean.. collectively, the Maser Lease
<br />Agreements, dated as of the dates indicated below. between U.S. Bancorp, as Lessor, and Agile
<br />
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