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201202382
<br /> DEED OF TRUST
<br /> Loan No: 872058537 (Continued) Page 7
<br /> regulations and ordinances relating to the protection of human health or the environment, including without
<br /> limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br /> U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br /> No. 99-499 ("SARA"),the Hazardous Materials Transportation Act,49 U.S.C. Section 1801, et seq-,the Resource
<br /> Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules,
<br /> or regulations adopted pursuant thereto.
<br /> Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in
<br /> the events of default section of this Deed of Trust.
<br /> Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br /> provision of this Deed of Trust.
<br /> Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br /> concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
<br /> to human health or the environment when improperly used,treated, stored, disposed of, generated, manufactured,
<br /> transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
<br /> include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
<br /> under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
<br /> petroleum by-products or any fraction thereof and asbestos.
<br /> Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br /> mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
<br /> Property.
<br /> Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br /> payable under the Credit Agreement or Related Documents, together with all renewals of, extensions of,
<br /> modifications of, consolidations of and substitutions for the Credit Agreement or Related Documents and any
<br /> amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or
<br /> Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as
<br /> provided in this Deed of Trust.
<br /> Lender. The word "Lender" means Equitable Bank, its successors and assigns. The words "successors or
<br /> assigns" mean any person or company that acquires any interest in the Credit Agreement.
<br /> Personal Property- The words "Personal Property" mean all equipment, fixtures, and other articles of personal
<br /> property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property;
<br /> together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
<br /> property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
<br /> premiums) from any sale or other disposition of the Property.
<br /> Property. The word "Property" means collectively the Real Property and the Personal Property.
<br /> Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this
<br /> Deed of Trust.
<br /> Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br /> agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br /> deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
<br /> existing, executed in connection with the Indebtedness.
<br /> Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
<br /> other benefits derived from the Property.
<br /> Trustee. The word "Trustee" means Equitable Bank (Grand Island Region), whose address is 113-115 N Locust
<br /> St; PO Box 160, Grand Island, NE 68802-0160 and any substitute or successor trustees.
<br /> Trustor- The word "Trustor" means Kirby Kay Smith.
<br /> TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR
<br /> AGREES TO ITS TERMS.
<br /> TRUSTOR:
<br /> X .
<br /> --- "irb Kay ith
<br /> INDIVIDUAL ACKNOWLEDGMENT
<br /> STATE OF )
<br /> )SS
<br /> COUNTY OF `, _ )
<br /> On this day before me, the undersigned Notary Public, personally appeared Kirby Kay Smith, An unmarried person, to
<br /> me known to be the individual described in and who executed the Deed of Trust, and acknowledged that he or she
<br /> signed the Deed of Trust as his or her free and voluntary act and deed,for uses and .urposes therein mentioned.
<br /> s
<br /> Given under my hand and official seal this 0...314-G day of t` r 2 p��yy
<br /> A r �� �
<br /> By
<br /> GENERAL NOTARY-State et Nebraska
<br /> II� SHERRI L O'CALLAGHAN Notary Public and for th- Sta •f IX,I My Comm.Exp.Sept.28,2015 Residing at ����My commission expires MET d
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