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r, <br />,. � <br />DEED OF TRUST <br />Loan No: 138639 (Continued) <br />�0120924� <br />Page 7 <br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of <br />Trust. Unless specifically stated to the contrery, all references to dollar amounts shall mean amounts in lawful money <br />of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall <br />include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall <br />have the meanings attributed to such terms in the Uniform Commercial Code: <br />Beneficiary. The word °Beneficiary° means CORNERSTONE BANK, end its successors and assigns. <br />Borrower. The word "Borrower" means Lenny L. Everson and Cindy K. Everson and includes all co-signers end <br />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 limitation 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 °Default". <br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, <br />regulations and ordinances relating to the protection of human health or the environment, including without <br />limitation the Comprehensive Environmentel Response, Compensatio�, an`d�iability� Act.of_198Q, as amended, 42 <br />U.S.C. Section 9601, et seq. (°CERCLA"), the Superfund Amendme�ts and Aeauthora�a�on Act of 1986, Pub. L. <br />No. 99-499 ("SARA°►, the Hazardous Materials Transportation Act, 49 U.S.C. Section 7801, et seq., the Resource <br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or_dthR,r.,,ap�licab'ie sCaYe 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 />C3uaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodetion perty to <br />Lender, including without limitation a gueranty of all or part of the Note. <br />Hazardous Substances. The words "Hazardous Substances" mean materials that, beceuse of their quentity, <br />concentration or physical, chemical or infectious cheracteristics, mey cause or pose a present or potentiel 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 hazerdous 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 Note or Related Documents, together with all renewals of, extensions of, modifications of, <br />consolidations of and substitutions for the Note or Related Documents and any amounts expended or advenced by <br />Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's <br />obligations under this Deed of Trust, togethar with interest on such amounts as provided in this Deed of Trust. <br />Specifically, without limitation, Indebtedness includes the future advances set forth in the FWture Advances <br />provision, together with all interest thereon and all amounts that may be indirectly secured by the <br />Cross-Collateralization provision of this Deed of Trust. , <br />Lender. The word °Lender" means CORNERSTONE BANK, its successors and assigns. <br />Note. The word °Note° means the promissory note dated November 1, 2012, I� the original principal <br />amount of 535 ,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, <br />refinancings of, consolidations of, and substitutions for the pramissory note or agreement. NOTICE TO TRUSTOR: <br />THE NOTE CONTAINS A VARIABLE INTEREST RATE. <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 effixed to the Real Property; <br />together with all accessions, parts, and additions to, all replacemants 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. Tha word °Property" means collectively the Real Properry and the Personal Properry. <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 Documerrts. The words °Related Documents" mean all promissory notes, credit agreements, loan <br />agreements, environmentel 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 CORNERSTONE BANK, whose address is 529 LINCOLN AVENUE, YORK, NE <br />68467 and any substitute or successor trustees. <br />Trustor. The word °Trustor" means Lenny L. Everson and Cindy K. Everson. <br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH <br />TRUSTOR AGREES TO ITS TERMS. <br />� / <br />�"� " � . i /1iLIl_ <br />