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<br />Loan No: 806628 <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />200600420 <br /> <br />Page 6 <br /> <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 <br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"). the Superfund <br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act. 49 U.S.C. <br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq" or other applicable state or <br />federal laws, rules, or regulations adopted pursuant thereto. <br /> <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 <br />default section of this Deed of Trust. <br /> <br />Guaranty. The word "Guaranty" means the 9uaranty from 9uarantor, endorser, surety, or accommodation party to Lender, including <br />without limitation a guaranty of all or part of the Note. <br /> <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-products or any fraction thereof and asbestos. <br /> <br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on <br />the Real Property, facilities, additions, replacements and other construction on the Real Property. <br /> <br />Indebtedness. 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 Trustor's obligations or expenses incurred by <br />Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this <br />Deed of Trust. <br /> <br />Lender. The word "Lender" means Equitable Bank, its successors and assigns. The words "successors or assigns" mean any person <br />or company that acquires any interest in the Note. <br /> <br />Note. The word "Note" means the promissory note dated January 13, 2006, in the original principal amount of <br />$ 32.8 15.25 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations <br />of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is 01132036. <br /> <br />Personal Property. The words "Personal Property" mean all equipment. fixtures, and other articles of personal property now or <br />hereafter owned by Trustor, 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 />limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. <br /> <br />Property. The word "Property" means collectively the Real Property and the Personal Property. <br /> <br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. <br /> <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 documents, whether now or hereafter existing, executed in connection with the Indebtedness. <br /> <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 /> <br />Trustee. The word "Trustee" means Equitable Bank (Grand Island Region), whose address is 113-115 N Locust St; PO Box 160, <br />Grand Island, NE 68802-0160 and any substitute or successor trustees. <br /> <br />Trustor. The word "Trustor" means Dag B A Hellsten and Amy H Jones. <br /> <br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO <br />ITS TERMS. <br /> <br />TRUSTOR: <br /> <br />x U?I) 1:4 <br /> <br />Dag B A HeUsten <br /> <br />~~JfA- <br /> <br />X~J";~ \2\. '\'''~~~ <br /> <br />INDIVIDUAL ACKNOWLEDGMENT <br /> <br />STATE OF ~e~fAS.t<< <br /> <br />(../~u <br /> <br />I <br />I SS <br />I <br /> <br />COUNTY OF <br /> <br />On this day before me, the undersigned Notary Public, personally appeared Dag B A HeUsten and Amy H Jones, to me known to be the <br />individuals described in and who executed the Deed of Trust, and acknowledged that they signed the Deed of Trust as their free and <br />voluntary act and deed, for the uses and purposes therein mentioned. <br /> <br />Given under my hand and official seal this 13+" day of :::r",,~ <br /> <br />BY~:(-.t'~ <br /> <br />Notary Public in and for the State of Nu>"""" 'l <br />Residing at _~ .. A...S'h. t."\ .>t- ~ J:j,.....s 'V ,~ ~V(O / <br />My commission expires L/ - 2.. 1 - ..Q:l,Y' <br /> <br />, 200CP <br /> <br /> <br />GENERAL NOT AAY . State of Nebraska <br />DAVID RICHARDSON <br />My Comm. Exp. April 27, 2008 <br />