does not violate any applicable provision of the Nevada Gaming Laws, and
all provisions of this Deed of trust are intended to be subject to all
applicable mandatory provisions of the Nevada Gaming Laws which may be
controlling and to be limited to the extent necessary so that they will not
render this Deed of Trust invalid or unenforceable, in whole or in part.
(j)Waiver of Condemnation Proceeds. Grantor hereby specifically, unconditionally
and irrevocably waives all rights of a property owner granted under applicable
law which provide for allocation of condemnation proceeds between a property
owner and a lienholder, including the provisions of NRS 37.115.
(k)WAIVER OF CHAPTER 40 PROTECTIONS. GRANTOR DOES HEREBY RELINQUISH AND SHALL
CAUSE THE GUARANTOR, IF ANY, TO WAIVE AND RELINQUISH ALL RIGHTS AND REMEDIES
ACCORDED BY APPLICABLE LAW TO GRANTORS AND GUARANTORS GENERALLY AND AGREES NOT
TO ASSERT OR TAKE ADVANTAGE OF ANY SUCH RIGHTS OR REMEDIES, INCLUDING, WITHOUT
LIMITATION: ANY RIGHT PROVIDED BY NRS 40.430 AND JUDICIAL DECISIONS RELATING
THERETO, AND NRS 40.451 THROUGH 40.4639, INCLUSIVE. AND JUDICIAL DECISIONS
RELATING THERETO, OR ANY OTHER STATUTE OR DECISION, TO REQUIRE BENEFICIARY TO
PROCEED AGAINST GRANTOR OR ANY OTHER PERSON OR TO PROCEED AGAINST OR EXHAUST ANY
SECURITY HELD AT ANY TIME OR TO PURSUE ANY OTHER REMEDY IN BENEFICIARY'S POWER
BEFORE PROCEEDING AGAINST THE GRANTOR, GRANTOR SPECIFICALLY AGREEING THAT SUCH
WAIVERS ARE INTENDED TO TAKE ADVANTAGE OF THE WAIVERS PERMITTED BY NRS 40.495(2)
TO THE MAXIMUM EXTENT PERMITTED.
DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILINGPage 19
EXECUTED and SEALED as of the date first above written.
AQUA METALS RENO, INC., a
Delaware corporation
By:
/s/
Thomas Murphy
Thomas Murphy
Chief Financial Officer
DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILINGPage 20
STATE OF NEVADA §
§ COUNTY OF STOREY §
THE FOREGOING INSTRUMENT was acknowledged before me on this _______ day of
November, 2015, by Thomas Murphy, Chief Financial Officer of AQUA METALS RENO,
INC.
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission Expires:______________________
Notary Public, State of
Nevada
DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILINGPage 21
LEGAL DESCRIPTION
A TRACT OR PARCEL OF LAND CONTAINING 0.8205 ACRES OF LAND, (35,742 SQUARE FEET),
BEING A PORTION OF UNRESTRICTED RESERVE "B", NOTTINGHAM COUNTRY, SECTION 7, A
SUBDIVISION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN VOLUME 265, PAGE 1, OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS, SAID
0.8205 ACRE TRACT OF LAND BEING THAT CERTAIN CALLED 0.8205 ACRE TRACT OF LAND AS
CONVEYED TO JAMES D. SAWYER AND LAWRENCE D. FIEGLEIN GENERAL PARTNERSHIP BY
INSTRUMENT RECORDED IN DOCUMENT CF NO. V507351 OF THE OFFICIAL PUBLIC RECORDS OF
HARRIS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS: (BEARING BASIS: VOLLUME 265, PAGE 1, OF THE MAP RECORDS OF HARRIS
COUNTY, TEXAS).
BEGINNING at a calculated point for the most southeasterly cutback corner at the
intersection of the south right-of-way line of Kingsland Boulevard, (100.00 Foot
Right-of-Way), with the west right-of-way line of Shillington Drive,