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<br />EXHIBIT E
<br />
<br />104.
<br />Bk Vol pg
<br />05020201 OPR 2726 ~21
<br />
<br />NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
<br />REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT
<br />BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
<br />NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
<br />
<br />DEED OF TRUST
<br />(And Security Agreement, Assignment of Rents, and Financing Statement)
<br />This Document Serves as a Fixture Filing under Section 9.502 of the Texas Business and Commercial Code
<br />
<br />As of the 15th day of July, 2005, John Q. Hammons, as Trustee of the Revocable Trust of John Q.
<br />Hammons, Dated December 28, 1989, as amended and restated, whose address is 300 John Q. Hammons
<br />Parkway, Suite 900, Springfield, Missouri 65806 ("Grantor"), in consideration of the debt and trust
<br />hereinafter mentioned, does hereby GRANT, BARGAIN, SELL, TRANSFER, ASSIGN, and CONVEY
<br />unto Mark B. Taylor, Trustee ("Trustee"), the following property (the "Morte:ae:ed Property"~):
<br />
<br />A. The real estate situated in Hays County, Texas, more particularly described on Exhibit
<br />"A" attached hereto and incorporated herein by reference for all purposes (the "Land"), together with all
<br />buildings and improvements now or hereafter situated thereon.
<br />
<br />B. All of the following property, items, and interests, whether now owned or hereafter
<br />acquired by Grantor (the "Accessories"): (i) All present and future accounts, 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 on the Land or attached to or used in and about or related to the planning, development,
<br />fmancing, or operation of any improvements thereon, including, hut 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, furniture, 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) all present and future 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, or
<br />claims against any other persons or entities with respect to, all or any part of the Mortgaged Property; 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 defmed herein, the terms describing the Accessories shall
<br />have the meanings ascribed to them in the Uniform Commercial Code - Secured Transactions, codified at
<br />Chapter 9 of the Texas Business and Commerce Code (as presently or hereinafter in effect, referred to
<br />herein as the "UCC").
<br />
<br />C. All other interests of every kind and character which Grantor now has or at any time
<br />hereafter acquires in and to the property described or referred to in Paragraphs A and B preceding and all
<br />property which is used or useful in connection with the Land and Accessories.
<br />
<br />CITY OF SAN MARcos-JQH DEED OF TRUST
<br />779100.6
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