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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 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 advanced 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, together 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 Future Advances
<br />provision, together with all interest thereon and a amounts that may be indirectly secured by the
<br />Cross - Collateralization provision of this Deed of Trust. However, "Indebtedness" shall not include any liabilities
<br />and obligations under any interest rate protection agreements or foreign currency exchange agreements or
<br />commodity price protection agreements, unless otherwise agreed in writing by Trustor and Lender.
<br />Lender. The word "Lender" means Exchange Bank, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated September 20, 2013, in the original principal
<br />amount of $2,400,000.00 from Borrower to Lender, together with all renewals of, extensions of,
<br />modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
<br />NOTICE TO TRUSTOR: 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 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 Exchange Bank, whose address is PO Box 5793, Grand Island, NE 68802
<br />and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means Superior - Deshler, LLC.
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR
<br />AGREES TO ITS TERMS.
<br />TRUSTOR:
<br />SUPERIOR -DESHL C
<br />By:
<br />Dennis R Sch , Manager o Sup rior- Deshler, LLC
<br />STATE OF l c )1 \Q
<br />COUNTY OF 1 \
<br />LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
<br />SS
<br />2 01308287
<br />DEED OF TRUST
<br />(Continued) Page 8
<br />On this day of G ler , 20 l before me, the undersigned
<br />Notary Public, personally appeared Dennis R Schardt, Manager of Superior- Deshler, LLC, and known to me to be
<br />member or designated agent of the limited liability company that executed the Deed of Trust and acknowledged the
<br />Deed of Trust to be the free and voluntary act and deed of the limited liability company, by authority of statute, its
<br />articles of organization or its operating agreement, for the uses and purposes therein mentioned, and on oath stated
<br />that he or she is authorized to execute this Deed of Trust and in fact executed the Deed of Trust on behalf of the limited
<br />liability company.
<br />By � . U
<br />Printed N ame: It 1 I
<br />Notary Pubii in and for the State of tie t \`1
<br />Residing at i int orrty -- �:l�.l.l :Jan My commission expires 2 - , 2-0
<br />L)
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