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DEED OF TRUST
<br />(Continued) 200312053 Page 6
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all
<br />assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default. The word "Default" 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 ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ( "CERCLA "), the Superfund Amendments and
<br />Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations
<br />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 the events of default
<br />section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without
<br />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 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, 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 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 homes affixed on the
<br />Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs 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 or Related
<br />Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or
<br />Lender to enforce Trustor's 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 all amounts that may be indirectly secured by the Cross — Collateralization provision of
<br />this Deed of Trust.
<br />Lender. The word "Lender" means Nebraska State Bank & Trust Co., its successors and assigns.
<br />Note. The word "Note means the promissory note dated September 9, 2003, in the original principal amount of $315,000.00
<br />from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for
<br />the promissory note or agreement.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
<br />owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
<br />replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance
<br />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 "Real Property" mean the real property, interests and rights, as further described in this Deed 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 instruments,
<br />agreements and documents, 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 from the
<br />Property.
<br />Trustee. The word 'Trustee" means NEBRASKA STATE BANK & TRUST CO., whose address is 945 SOUTH D, BROKEN BOW, NE 68822
<br />and any substitute or successor trustees.
<br />Trustor. The word " Trustor" means MID — NEBRASKA FOUNDATION, INC.
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS.
<br />TRUSTOR:
<br />MID — NEBRASKA FOUNDATION, INC
<br />By: �f &:
<br />DAVID L BASS, CHEF EXECUTIVE OFFICER of MID — NEBRASKA FOUNDATION,
<br />INC
<br />CORPORATE ACKNOWLEDGMENT
<br />STATE OF
<br />Nebraska
<br />) SS
<br />COUNTY OF Custer
<br />On this Ninth day of September 20 03 , before me, the undersigned Notary Public, personally
<br />appeared DAVID L BASS, CHIEF EXECUTIVE OFFICER of MID — NEBRASKA FOUNDATION, INC, and known to me to be an authorized agent
<br />of the corporation that executed the Deed of Trust and acknowledged the ed of Trust to be the free and voluntary act and deed of the
<br />corporation, by authority of its Bylaws or by resolution of its board of director , fo the usesAro pur oses therein mentioned, and on oath stated
<br />that he or she is authorized to execute this Deed of Trust and in fact execute the ed t on half of the corporation.
<br />By
<br />Notary P lic in and for the State of Nebraska
<br />GENERALARLJ.- Stateof Nebraska Residing at Broken Row, NE.
<br />CARL J.NORDEN
<br />My Comm. Exp. Dec. 8, 2004 My commission expires 8 December 04
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