FIRST AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • February 16th, 2006 • Us Home Systems Inc • Construction - special trade contractors • Texas
THIS FIRST AMENDED AND RESTATED SECURITY AGREEMENT (“Agreement”) is made as of February 9, 2006, to be effective for all purposes as of February 10, 2006, by FIRST CONSUMER CREDIT, INC., a Texas corporation (hereinafter called “Debtor”, whether one or more), whose principal place of business and chief executive office, as applicable (as those terms are used in the Code) is located at 405 State Highway 121 Bypass, Suite 250, Lewisville, Texas 75067 whose organization number is 800016462, in favor of THE FROST NATIONAL BANK, a national banking association (“Secured Party”), whose address is P.O. Box 1600, San Antonio, Texas 78296. Debtor hereby agrees with Secured Party as follows:
FIRST AMENDED AND RESTATED GUARANTY AGREEMENTGuaranty Agreement • February 16th, 2006 • Us Home Systems Inc • Construction - special trade contractors • Texas
THIS FIRST AMENDED AND RESTATED GUARANTY AGREEMENT (“Guaranty”) is made as of February 9, 2006, to be effective for all purposes as of February 10, 2006, by Guarantor (as hereinafter defined) for the benefit of Lender (as hereinafter defined).
TERM NOTETerm Note • February 16th, 2006 • Us Home Systems Inc • Construction - special trade contractors • Texas
For value received, U.S. HOME SYSTEMS, INC., as principal (“Borrower”), promises to pay to the order of THE FROST NATIONAL BANK, a national banking association (“Lender”) at P.O. Box 1600, San Antonio, Texas 78296, or at such other address as Lender shall from time to time specify in writing, in legal and lawful money of the United States of America, the principal sum of EIGHT HUNDRED SEVENTY FIVE THOUSAND AND NO/100 DOLLARS ($875,000.00), as much thereof as from time to time may be disbursed by lender to Borrower under the “Equipment Advances” pursuant to the terms of that certain First Amended and Restated Loan Agreement dated as of February 9, 2006, to be effective for all purposes as of February 10, 2006, between Borrower and Lender (as from time to time amended, modified or restated, the “Loan Agreement”) and be outstanding, together with interest on the principal balance outstanding from time to time as hereafter provided. Interest shall be computed on a per annum basis of a year
FIRST AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • February 16th, 2006 • Us Home Systems Inc • Construction - special trade contractors • Texas
THIS FIRST AMENDED AND RESTATED LOAN AGREEMENT (the “Loan Agreement”) will serve to set forth the terms of the financing transactions by and between U.S. HOME SYSTEMS, Inc., a Delaware corporation (“Borrower”), and THE FROST NATIONAL BANK, a national banking association (“Lender”):
FIRST AMENDED AND RESTATED GUARANTY AGREEMENTGuaranty Agreement • February 16th, 2006 • Us Home Systems Inc • Construction - special trade contractors • Texas
THIS FIRST AMENDED AND RESTATED GUARANTY AGREEMENT (“Guaranty”) is made as of February 9, 2006, to be effective for all purposes as of February 10, 2006, by Guarantor (as hereinafter defined) for the benefit of Lender (as hereinafter defined).
DEED OF TRUST SECURITY AGREEMENT – ASSIGNMENT OF RENTS THE COMMONWEALTH OF VIRGINIA § COUNTY OF CHARLES CITY §Deed of Trust • February 16th, 2006 • Us Home Systems Inc • Construction - special trade contractors • Virginia
That, on the 9th day of February, 2006, but to be effective as of February 10, 2006, U.S. REMODELERS, INC., a corporation (hereinafter, whether one or more, jointly and severally called “Grantor”), whose mailing address is 750 State Highway 121 Bypass, Suite 170, Lewisville, Texas 75067, in consideration of the debt and trust hereinafter mentioned, does hereby GRANT, BARGAIN, SELL, TRANSFER, ASSIGN and CONVEY unto MICHAEL K. SMELTZER, Trustee (as hereinafter defined), whose mailing address is 1400 Wachovia Tower, 10 S. Jefferson Street, Roanoke, Virginia 24011 the following described property (all of which is sometimes referred to collectively herein as the “Property”):
TERM NOTE (Floating Rate)Term Note • February 16th, 2006 • Us Home Systems Inc • Construction - special trade contractors • Texas
For value received, U.S. HOME SYSTEMS, INC., a corporation, (“Borrower”), promises to pay to the order of THE FROST NATIONAL BANK, a national banking association (“Lender”) at P.O. Box 1600, San Antonio, Texas 78296, or at such other address as Lender shall from time to time specify in writing, the principal sum of ONE MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($1,200,000.00), in legal and lawful money of the United States of America, with interest on the outstanding principal from the date advanced until paid at the rate set out below. Interest shall be computed on a per annum basis of a year of 360 days and for the actual number of days elapsed, unless such calculation would result in a rate greater than the highest rate permitted by applicable law, in which case interest shall be computed on a per annum basis of a year of 365 days or 366 days in a leap year, as the case may be.
