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DEED OF TRUST 200313175
<br />Loan No: 779205 (Continued) Page 8
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and Its successors and assigns.
<br />Borrower. The word Tonower" means STEWART A BANGS LLC, CHRIS R STEWART, ALICIA R STEWART, BRIAN E BANGS and
<br />TAMMY BANGS and includes all co- signers and co-makers signing the Note.
<br />Daed of Treat. The words 'Deed of Trust mean this Deed of Trust among Trusts , 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 Def Cult" means the Default set forth in this Dead of Trust in the section tilled 'Default".
<br />Environmental Laws. The words'Envirommental 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. 99499 CSAR.A'1, the Hazardous Materiels Transportation Act, 49 U.S.C. Section 1801, at 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 Default" mean any of the event of default set forth In this Deed of Trust In the events of default
<br />section of this Dead of Treat.
<br />Guaranty. The word "Guaranty' means the guaranty from guarantor, annexes , surety, or accommodation party to Lander, Including without
<br />limitation a guaranty of all or part of the Note.
<br />Hemrdous Substances. The words Mhusu .us Substances" mean materials that, because of their quantity, ccncentra on or physical,
<br />chemical or Infectious characteristics, may cause or pose a present or potential haverd to human health or the enviranment 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 farm "Hazardous Substances" also includes, without limitation, petroleum and petroleum
<br />by- products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvement" means all existing and future improvement, buildings, structures, mobile homes affixed on the
<br />Reel Property, facilities, additions, replacement and other construction an the Real Properly.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amount, costs and expenses payable under the Nate 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 Lendw to discharge Trustor's obligations or expenses Incurred by Trustee or
<br />Lender to enforce Trustor's obligations under this Deed of Treat, lagether with Interest on such amount as provided In this Dead M Trust.
<br />Specifically, without fmllaher, Indebtedness Includes the future advances set forth In the Future Advances provision, together with all Interest
<br />thereon and all amounts that may be Indirectly secured by the Cross -0ollateralintion provision of this Deed of Trust.
<br />Leader. The word "Lender" means Five Points Bank, it successors and assigns.
<br />Note. The word "Note" means the promissory note dated September 30, 2003, in the original Principal amount of $50,310.50
<br />from Sommer to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidators of, and substitutions far
<br />the promissory note a agreement. The maturity date of this Deed of Trust is October 5, 2013.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other adicles of personal property now or hereafter
<br />owned by Truster, 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 mareatls (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 Reel Property and the Personal Property.
<br />Real Property. The words Meal Property" mean the reel property, Interests and rights, as further described In this Deed of Treat.
<br />Related Documents. The words "Relatetl Documents" mean all promissory roles, credit agreements, loan agreement, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instrument,
<br />agreements and Documents , whether now or hereafter existing, executed in connection with the Indebtedness.
<br />Rent.. The word Tient" means all present and future rents, revenues, Income, Issues, royalties, profits, and other benefit derived from the
<br />Property.
<br />Trustee. The word 7fustee" means Five Paints Bank, whose address is P.O Box 1M7, Grand Island, NE 68902 -1507 and any substitute or
<br />successor trustees.
<br />Truster. The word'Trustor" means STEWART A BANGS LLC.
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS.
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