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RECEPTION#: 668920,09/30/2020 at 02:01:45 PM, Pgs 8 of 9,Janice K.Vos Caudill, Pitkin County, CO DWR Division 5
<br /> Received
<br /> 8/10/2021
<br /> # 10014521
<br /> DEED OF TRUST
<br /> (Continued) Page s
<br /> the Rate of Colorado as to all Indebtedness secured by this Deed of Trust.
<br /> DEPINITI DNS. The following words shall have the following meanings when used in this Deed of Trust:
<br /> Ben fielary. The word"Beneficiary"means FIRST WESTERN TRUST BANK,and its successors and as igns
<br /> Bon cower. The word"Borrower"means Gary P Hughes and Lori A Hughes and Includes all co-signers nd o-makers signing the
<br /> Credit Agreement and all their successors and assigns.
<br /> 0 tit Agreement. The words"Credit Agreement" mean the credit agreement dated September 30, 02 ,with Credit limit
<br /> of $300,000.00 from Borrower to Lender, together with all renewals of, extensions of, mocifficatiom of, refinancings of,
<br /> consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE REDIT AGREEMENT
<br /> CONTAINS A VARIABLE INTEREST RATE.
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without
<br /> limitktion all assignment and security interest provisions relating to the Personal Property and Rents.
<br /> Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local stabiles, regulations and
<br /> ordi ances relating to the protection of human health or the environment, Including without lim' tlo the Comprehensive
<br /> Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"),
<br /> the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials
<br /> Transportation Act, 49 U.S.C. Section 1801, at seq.,the Resource Conservation and Recovery Act,4z U. .C. Section 6901,at
<br /> seq.I or other applicable state or federal laws,rules,or regulations adopted pursuant thereto.
<br /> Ever of Default The words "Event of Default"mean any of the events of default set forth in this Dee of rust in the events of
<br /> data It section of this Deed of Trust.
<br /> Exis ing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the istl g Liens provision of
<br /> this)eed of Trust.
<br /> Gra tor. The word"Grantor"means Hughes Family Revocable Trust.
<br /> HazE rclous Substances. The words "Hazardous Substances' mean materials that, because of their c uan , concentration or
<br /> phys cal, chemical or infectious characteristics, may cause or pose a present or potential hazard to uman health or the
<br /> envii Dirment when improperly used, treated, stored, disposed of, generated, manufactured, transpo d otherwise handled.
<br /> The yyyvvvords"Hazardous Substances"are used in their very broadest sense and Include without limitatior any and all hazardous or
<br /> toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term NI-Iszardous Substances"
<br /> also Includes,without limitation,petroleum and petroleum by-products or any fraction thereof and astresixts.
<br /> Improvements. The word "Improvements" means all existing and future Improvements, buildings, truc ures, mobile homes
<br /> affixed on the Real Property,facilities,additions,replacements and other construction on the Real Prope ty.
<br /> Indebtedness. The word "Indebtedness"means all principal, interest, and other amounts, costs and experts s payable under the
<br /> Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications Of, C Dnsolidations of and
<br /> substitutions for the Credit Agreement or Related Documents and any amounts expended or advancel by Lender to discharge
<br /> Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust,
<br /> tog e er with interest on such amounts as provided in this Deed of Trust. Specifically,without limitation, It debtedness Includes
<br /> all a lounts that may be indirectly secured by the Cross-Colleteralization provision of this Deed of Trust.
<br /> Lend or. The word "Lender" means FIRST WESTERN TRUST BANK, Its successors and assigns. The rds "successors or
<br /> assi ns"mean any person or company that acquires any interest In the Credit Agreement.
<br /> Pars nal Property. The words "Personal Property" mean all equipment,fixtures, and other articles of era net property now or
<br /> here fter owned by Grantor, and now or hereafter attached or affixed to the Real Property;together with dfl accessions, parts,
<br /> and dditions to, all replacements of, and all substitutions for, any of such property; and together wi all proceeds (including
<br /> with ut limitation all Insurance proceeds and refunds of premiums)from any sale or other disposition of a oparty.
<br /> Prop rty. The word"Property"means collectively the Real Property and the Personal Property.
<br /> Meal roperty. The words"Real Property"mean the real property,interests and rights,as further descrik ad it this Deed of Trust.
<br /> Relat d Documents. The words "Related Documents" mean all promissory notes, credit agree ent , loan agreements,
<br /> env' nmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, xr1la oral mortgages, and
<br /> all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the
<br /> Indebtedness.
<br /> Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, p its and other benefits
<br /> derivi d from the Property,
<br /> Trust . The word"Trustee"means the Public Trustee of Pitkin County,Colorado.
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