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DEED OF TRUST <br />Loan No: 101204823 (Continued) 200412145 Page <br />Borrower. The wad "Borrower means KENNETH D ENCK and RONNA R FREAK and includes all co-Signers and cownakers signing the <br />Note. <br />Dal of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation 811 <br />assignment and security interest provisions relating to the Personal Properly and Rents. <br />Environmental Laws. The words "Environmental Laws" mean any and all state, fed ... I and local statutes, regulations and ordinances <br />relating to the protection of human health or the environment, including without limitation me Comprehensive Environmental Response, <br />Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Beckon 9601, at seq. CCERCLA "), the Supedund Amendments and <br />Reauthodation Act of 1985, Pub. L. No. 99 -499 CSARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the <br />Resource Conservation and Recovery Act, 42 U.S.C. Section 8901, at seq., or other applicable stele or federal laws, rules, a regulations <br />adopted pursuant thereto. <br />Event of Default. The wortls "Brent of Cennar mean any of the events of default set forth in this Deed of Trust In the ..ON of default <br />section of this Dead of Trust. <br />Heardau6 Substances. The wortls " Hazardous Substances mean materials thal. because of their quantity, concentration a physical, <br />chemical Or Infectious characteristics, may cause a pose a Present or potential hazard to human health or the environment when improperly <br />used. treated. stored, disposed of, generated, manufactured, transported or otherwise handled The words "Hazardous Substances" are <br />used in their very broadest sense and include without limitation any and all hazardous or food substances, =twists or waste as defined by <br />or listed under the Environmental Law.. The term "Hasa lour Substances" also Includes, without limitation, petroleum and petroleum <br />by -products a any fraction thereof and asbestos. <br />Improvements. The word "Improvements" means all acceding and future improvements, buildings, structures. mobile homes affixed on the <br />Real Properly, facilities, additions, replacements and other comtruction on the Real Property. <br />Indebtedness. The word 9ndebtedness" means all principal, interest, and other amounts, casts and expenses payable under the Note or <br />Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note a Related <br />Documents and any Lender to enforce T ustor euobligUMended <br />on sunder this Dead of Trust, together with th Interest onrsuch amolunts as pa ovided In this Dead yof Trust. a <br />Lender. The word "Lender" means Five Points Bank, IN successors and assigns. The words Successors or assigns" mean any person a <br />company that acquires any interest in the Note. <br />Note. The word "Notes' means the promissory note dated December 13, 2DD4. In the original principal annoUnt Of $22,600.00 <br />from Borrower to Lender, together with at renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for <br />the promissory note or agreement. The maturity date of this Deed of Trust is January 1, 2010. <br />Personal Properly. The words "Personal Properly' mean all equipment, futures, and other articles of personal property now or hereafter <br />owned by Trustor, and now or hereafter attached or aflMed to the Real Property; together with all accessions, pads, and additions to. all <br />replacements of, and all substitutions for, any of such property; and together with WI proceeds (including without limitation all insurance <br />proceeds and refunds of premiums) from any sale or other disposition of the Properly. <br />Property. The word "Property" means colloctively the Real Property and the Personal Property. <br />Real Property. The wads "Real Property' mean the real property, interests and rights. es further described in this Dead of Trust. <br />Real Documents. The wads Twisted Documents" mean all promissory notes, credit agreements, loan agreements, onvronmental <br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, <br />agreements and documents, whether now or hereafter mating, executed In connection with the Indebtedness. <br />Rents. The word "Rents" means all present and future rents, revenues, Income, issues, royalties, profits, and other benefits derived from the <br />Property. <br />Trustee. The word'Trustee" means Five Points Bank, whose address Is P.O Box 1507, Grand ]stand, NE 6x9802 -1507 and any substitute or <br />successor trustees. <br />Trustor. The wad Tru itaf means KENNETH D ENCK. <br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TEAMS. <br />TRUSTOR: <br />KEN H D ENCK <br />