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201309932
<br /> DEED OF TRUST
<br /> (Continued) Page 10
<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.99499("SARA") the Hazardous Materials Transportation Act,49 U.S.C.Section 1 801,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 /> Guarantor. The word "Guarantor means any guarantor, surety, or accommodation party of any or all of the
<br /> Indebtedness.
<br /> Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a
<br /> guaranty of all or part of the Note.
<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 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 /> Lender. The word"Lender"means Mutual of Omaha Bank,its successors and assigns.
<br /> Note. The word "Note" means the promissory note dated December 23, 2013, in the original principal
<br /> amount of $596,000.00 from Trustor to Lender,together with all renewals of, extensions of, modifications
<br /> of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO
<br /> 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 Mutual of Omaha Bank, whose address is 1665 W. Alameda Drive, Suite
<br /> 101,Tempe,AZ 85282 and any substitute or successor trustees.
<br /> Trustor. The word"Trustor"means Ames Development, LLD.,a Nebraska limited liability company.
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