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Loan No: 101254117
<br />DEED OF TRUST
<br />(Continued)
<br />20120532� "
<br />Page 10
<br />Beneflciary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means HERMAN BROS PROPERTIES, ROBERT P HERMAN and JOHN C HERMAN
<br />and includes all co-signers alnd co-makers signing the Note and all their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br />includes without limitetion all assignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Defeult",
<br />Environmental Laws. The words "Environmental Lawa" mean any and all state, federal and local atatutes,
<br />regulations and ordinances relating to the protection of human health or the erlvironment, including without
<br />limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, es amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"►, the Superfund Amendments end 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 stete or federal laws, rules,
<br />or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean eny 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 />Euisting Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br />provision of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
<br />Lender, including without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Wazerdous Substances" mean materiels thet, because of their quantity,
<br />concentration or physical, chemical or infectious charecteristics, may cause or pose a present or potentiel hazerd
<br />to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
<br />transported or otherwise handled. The words "Hazerdous Substances" ere used in their very broadest sense and
<br />include without� limitation any and all hazerdous or toxic substences, materials or waste as defined by or listed
<br />under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum end
<br />petroleum by-products or any fraction thereof and esbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, fecilities, 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 Note or Releted Documents, together with ell renewals of, extensions of, modificetions of,
<br />consolidations of and substitutions for the Note or Releted Documents and any amounts expended or advanced by
<br />Lender to discharge Trustor's obligetions or expenses incurred by Trustee or Lender to enforce Trustor's
<br />obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br />Specifically, without limitation, Indebtedness includes the future advences set forth in the Future Advances
<br />provision of this Deed of Trust, together with all interest thereon.
<br />Lender. The word "Lender" means Five Points Bank, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated June 28, 2012 in the origin�l principal amount
<br />of $70 from Borrower to Lender, together with ell renewals of, extensions of, modifications of,
<br />refinancings of, consolidations of, and substitutions for the promissory note or agreement.
<br />Personel Property. The words "Personal Property" meen all equipment, fixtures, and other articles of personal
<br />property now or hereafter awned by Trustor, and now or hereafter ettached or affixed to the Real Property;
<br />together with all accessions, parts, end additions to, all replacements of, and all substitutions for, any of such
<br />property; and together with all proceeds (including without limitation all insurence proceeds end 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 Five Points Bank, whose address is P.0 Box 1507, Grand Island, NE
<br />68802-1507 and any substitute or successor trustees.
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