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DEED OF TRUST 200302070
<br />Loan No: 1657469 (Continued) Page 6
<br />State of Nebraska as to ell Indebtedness secured by this Dead of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used In this Deed of Trust. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America.
<br />Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words
<br />and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The wortl "Benefices," means United Nebraska Bank, and its successors and assigns.
<br />Borrower. 'The word "Borrower" means SIDNEY W SMI r and TAMI S SMITH, and all other persons and entities signing the Note in
<br />whatever capacity.
<br />Deed of Trust. The words "Deed of bast" mean this Deed of Trust among Truster, Lender, and Trustee, and Includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default. The word "Oefeult" 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, regulations and urdlnances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental
<br />Response. Compensation, and Liability Act of 1980, as amended, 42 V.S.G. Section 9601, or seq. ( "CERCLA "1, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L No. 99- 4991' SARA "1, the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, at seq., the Resource Conservation and Recovery Act, 42 I.S.C. Section 6901, at seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of default sal forth In this Deed of Trust in the events of
<br />default section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words " Hazardous Substances" mean materials that, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words
<br />"Hazardous Substances" are used in their very broadest sense and Include without limitation any and all hazardous or toxic
<br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also
<br />Includes, without limitation, petroleum and petroleum by -pa sects or any traction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replecoments and other construction on the Real Property.
<br />Intlebtetlness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge Truator's obligations or expenses Incurred by
<br />Trustee or Lender to enforce Truster's obligations under this Deed of Trust, together with 'interest on such amounts as provided in this
<br />Deed of Trust.
<br />Lender. The word "Lender means Untied Nebraska Rank, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated February 20, 2003, in the original principal amount of
<br />$45,000.00 from Truster to Lender, together with all renewals of, extensions of, modifications of, refinanclnys of, consolidations
<br />of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is August 15, 2004.
<br />Personal Property. The words "Personal Property' mean all equipment fixtures, and other articles of personal property now or
<br />hereafter owned by Tractor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and
<br />additions to, all replacements of and all Substitutions for, any of such property; and together with all proceeds (including without
<br />imitation all insurance proceeds and refunds of 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 "Raul Property' mean the real property, interests and rights, as further described In this Used of Trust.
<br />Related Documents. The words 'Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other
<br />instruments, agreements and ducuments, whether now or hereafter existing, 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
<br />from the Property.
<br />Trustee. The word "Trustee" m e any United Nebraska Bank , whose address is 700 N. Webb, Grand Island, NE 88802 and any
<br />.substitute or successor trustees.
<br />Trustor. The word "Truster" means SIDNEY W SMITH and TAMI S SMITH.
<br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO
<br />ITS TERMS.
<br />TRUSTOR:_
<br />X
<br />SIDNEY W 8 Intlividually
<br />X A J&,A�6
<br />TAMI S SMITH, Individually
<br />
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