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202004679
<br />DEED OF TRUST
<br />(Continued) Page 8
<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 />Specifically, without limitation, Indebtedness includes the future advances set forth in the Future 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 HOME FEDERAL SAVINGS & LOAN ASSOCIATION OF GRAND ISLAND, its
<br />successors and assigns.
<br />Note. The word "Note" means the promissory note dated July 2, 2020, in the original principal amount of
<br />$4,000,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of,
<br />refinancings of, consolidations of, and substitutions for the promissory 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 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 HOME FEDERAL SAVINGS & LOAN ASSOCIATION OF GRAND ISLAND,
<br />whose address is 221 S. Locust Street, Grand Island, NE 68801 and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means M&S Acquisitions, LLC .
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR
<br />AGREES TO ITS TERMS.
<br />TRUSTOR:
<br />M&S A
<br />By:
<br />er
<br />IM
<br />d A. Huismann, anager of M&S Acquisitions, LLC
<br />STATE OF
<br />LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
<br />Mtbre,dec
<br />COUNTY OF ilii
<br />)
<br />1 SS
<br />1
<br />On this "1
<br />day of Ji~ 11 20 20 before me, the undersigned
<br />Notary Public, personally appeared Gerald A. Huismann, Manager of M&S Acquisitions, 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
<br />Printed Name:
<br />E►,d I, T &ii
<br />Notary Public in and for the State of NE
<br />Residing at .<c, G*,c y
<br />My commission expires /hire- k 14 r 2o2 - I
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