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EYHIBIT "E"
<br />NO"fTCF., OF CONFII~l?NTIALI"fY RIGIiTS IP YOU ARE A NATURAL PERSON, YOU MAY
<br />REMOVE OR S"IRIKE ANY OF THE FOLLOWING 1NFOR1'~IAT1ON FROM THIS INST'RUI~IENT
<br />BEFORE: 1T IS FILED FOR RECORD IN TIIE PUBLIC RGCORDS: YOUR SOCL4L SECiJRlTY
<br />YUMBER OR YOUR DRIVCR'S LICENSE MJMBER.
<br />DEED OF TRUST
<br />(And Security Agreement, Assignment of Rents, and Financing Statement)
<br />This Document Serves as a Fizlure Filing under Section 9 502 oJ'rhe Texru business and Commercial Code
<br />As of the 17th day of January, 2007, JQJI -San Marcos Development, LLC, a Vlissoun limited liability
<br />company, whose address is 300 John Q. Hammons Parkway, Suite 900, Springfield, Missouri 65806
<br />("Grantor"), ui consideration of the exc}i<~urge of properly as evidenced by the Special Warranty
<br />Exchange Deed recorded the same date as this Deed of Trust (and Security Agreement, Assignment of
<br />Rents and Financing Statement), the Loan and trust hereinafter described, does hereby GRANT,
<br />BARGAIN, SELL, TRANSFER, ASSIGN, and CONVEY unto Mark B. Taylor, Trustee ("Trustee"), the
<br />following property (the "Morteaeed Proaerty")
<br />A. The real estate situated in Hays County, "I'cxas, more particularly described on Exhibit
<br />"A" attached hereto and incorporated herein by reference fur all purposes (the "Land"}, together with all
<br />buildings and improvements now or hereafter situated thereon.
<br />B. All of the following property, items, and interests, whether now owned or hereafter
<br />acquired by Grantor (the "Accessories"): (i) Al] present and future accotmts, general intangibles,
<br />payment intangibles, letter-of-credit rights, as-extracted collateral, chattel paper, documents, and
<br />instruments, arising from or by virtue of transactions related to the Land or improvements thereon; (ii) all
<br />present and future goods, inventory, equipment, fixtures, and articles of personal property now or
<br />hereafter located un the Land or attached to or used in and about or related to the planning, development,
<br />t7nancing, or operation of any improvements thereon, including, but not limited to, the types of inventory,
<br />equipment, fixtures, and articles of personal property more particularly described as follows: Machines,
<br />engines, boilers, dynamos, elevators, stokers, tanks, awnings, screens, cabinets, shades, blinds, carpets,
<br />draperies, fumir<~re, lawn mowers, and plumbing, heating, air conditioning, lighting, ventilating,
<br />refrigeration, cooking, laundry, and incinerating equipment, and all fixtures and appurtenances thereto;
<br />(iii) all present and future increases, profits, improvements, and products of, accessions, attachments, and
<br />other additions to, tools, parts, and equipment used in connection with, and substitutes and replacements
<br />For, all or part of the other Accessories; (iv) aJl present and fiiture accounts, general intangibles, payment
<br />intangibles, letter-of-credit rights, as-extracted collateral, chattel paper, documents, sales contracts,
<br />instruments, cash and noncash proceeds, and other rights arising from or by virtue of, or from the
<br />voluntary or involuntary sale or other disposition of, or collections with respect to, or insurance proceeds
<br />payable with respect to, or proceeds payable by virtue of warranty claims against manufacturers of, ur
<br />claims against any other persons or entities with respect to, all or any part of the Mortgaged Properly; and
<br />(v) all proceeds arising from the taking of all or part of the Mortgaged Property for any public or
<br />quasi-public use under any law, or by right of eminent domain, or by private or other purchase in lieu
<br />thereof, and (vi) all investment property. If not defined herein, the terms describing the Accessories shall
<br />have the meanings ascribed to them in the Uniform Commercial Code -Secured Transactions, codified al
<br />Chapter 9 of the Texas Business and Cornmerce Code (as presently ur hereinafer in effect, referred to
<br />herein as the "UCC").
<br />E-I
<br />9R~R97 7
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