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200201021 DEED OF TRUST <br />Loan No: 34185 (Continued) Page 6 <br />DEFINITIONS. The foldaving words shall have he following meanings when used In this Deed of Trust: <br />Beneficiary. The want'Seneficiery' means Bank of Clarks, and its successors and assigns. <br />Borrower. The word "Borrower' means Wis E. Ruiz, and all char persons and entries signing the Note. <br />Dead of Trust. The words "Geed of Trust' mean this Deed of Trust among Truster, Leader, and Trustee, and includes without limitation all <br />assignment and security Interest provisions relating to the Personal Property and Rams. <br />Environmental Laws. The words 'Environmental Laws" mean any and all state, federal antl deal statules, regulations and ordinances <br />relating to the protection of human health or the environment, including without limitation he Comprehensive Environmental Response, <br />Compensation, and Liability Act of 1980, as small 42 U.S.C. Section 9601, at seq. ( "CERCLA -), the Supedund Amendments and <br />Reauthorization Act of 1986, Pub. L. No. 99-499 ( "SARA "), he Hazardous Materials Transportation Act, 49 US C. Section 1801, M seq., the <br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations <br />adopted pursuant thereto. <br />Event of Default The words "Event of Oefaull" mean any of the events 0 default set forth in this Deed of Trust in he events of default <br />section of this Deed of Trust. <br />Guaranty. The word "Guaranty" means the guaranty from gurentor, endorser, surely, or accommodation pricy to Lender, including without <br />limitation a guaranty of all or pad of no Note. <br />Hazardous Substances. The words 'Hazardous Substances' mean materials hat, because of their quantity, concentration Or physical, <br />chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly <br />used treated stored, delzcsed of, generated, manufactured, transported or otherwise handletl. The words 'Hazardous Substances' are <br />used in their very broadest sense and Include without limitation any and all hazardous or toxic substances, materials or waste as defined by <br />or listed under the Environmental Laws. The term " Hazardous Substances' also includes, without limitation, petroleum and petroleum <br />by- products or any fraction thereof and asbestos. <br />Improvements. The word 'Improvements" means all existing and future Improvements, buildings, structures, mobile tames aflixetl on he <br />Real Papery, facilities, additions, replacements and shot construction on the Real Property. <br />Indebtedness. The word "Indebtedness' means all principal, interest and other amounts, costs and expenses payable under he Note or <br />Related Documents, together with all renewals of, extensions of, motlrications Of, cadvai dations of and substitutions for the Note or Related <br />Documents and any amounts expanded or advanced by Lender to discharge Thaaer's obligations or expenses incurred by Trustee or <br />Lender to enforce Truster's Obligations under this Deed of Trust, together with interest on such amounts as pnavided in this Deed of Trust. <br />Lender. The word 'Lentler' no Bank of Clarks, its successors add assigns- The words "successors or assigns' mean any person or <br />company that acquires any Interest In the Note. <br />Nate. The word "Note" means the promissory note dated January 24, 2002, In the original principal amount Of 572,600.00 <br />from Borrower to Lender, together win all renewals of, extensions or rradifeabons of, refinancings of, consolidations of, and substiMpns <br />for the promissory note or agreement. The maturity date of his Dead of Trust is September 25, 2002. <br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property new or hereafter <br />owned by Truster, and now or hereafter attached or all ixW to the Real Property; together with all accessions, parts, and additions to, all <br />replacements of, and all substitutions far, any of such property; and together with all proceeds including without limitation all insurance <br />proceeds and refunds of premiums) from any sale or shat disposition of the Property . <br />Property. The word'Propeny- means collectively the Reel Property and he Personal Property. <br />Real Prop". The words "Real Property" exam the real property, interests and rights, as further described In this Dead of Trust. <br />Related Documents. The words "Related! Documents" mean all promissory notes, credit agreements, loan agreements, environmental <br />agreements, guaranties, security agreements, mortgages, heads of trust, security deeds, collateral mortgages, and all other instruments, <br />agreements and Documents, whether now or hereafter existing, executed in connection with the Irdeb[etlnesa. <br />Rents. The word "Rents' means all present and future rents, revenues, income, issues, royalties, profits, and Other benefits derivetl from the <br />Property. <br />Trustee. The word 'Trustee" means Bank of Clarks, whose address Is 301 N. Green, P.O. Box 125, Clarks, NE 68628 -0126 and any <br />substitute or successor trustees. <br />Truster. The word 'Tmstoe means Luis E. Ruiz and Kelly L. Ruiz. <br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO <br />R'S TERMS. <br />TRUSTOR: <br />ZuPs- ulz, Intlly ua y t <br />t <br />X Kelly . Ru Intliv tluelly <br />INUIVIUUAL <br />STATE OF 41W /7 ) <br />)SS <br />COUNTY OF ) <br />On this day before me, the undersigned Notary Public, personally appeared Luis E. Ruiz and Kelly L. Ruiz, to me known to be he individuals <br />described in and who executed the Deed of Trust, and acknowledged that may signed he Deed Of Trust as heir free and voluntary act and dead <br />for the uses and purposes therein mentioned. <br />Given untler my hand and offlclal cal this — day <br />,ay <br />Not y Public in and for the state of _ <br />Residing at <br />GENHIPL NOTARY -Bloc sf NeCreska My eommlasion expires o� <br />KRIS ANN WIWAMS <br />Yy Ooaebdoo Eq. &1610, <br />