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<br />loan No: 101208635
<br />
<br />DEED OFTRUST
<br />(Continued)
<br />
<br />200602052
<br />
<br />Page 8
<br />
<br />Borrower. The word "Borrower" means NITZEL AND COMPANY AKA NITZEL & CO INC AKA NITZEL & COMPANY, INC; and
<br />RONALD L NITZEL and includes all co-signers and co-makers signing the Note and all their successors and assigns.
<br />
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />
<br />Default. The word" Default" means the Default set forth in this Deed of Trust in the section titled" Default".
<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.$.C. SectiOr'i~9601 ["'efse'ci. ("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 guaranty from guarantor, 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, concan~ration or
<br />physical, chemical or infectious charactariiltics, may Cil~se or DCSS a present or potential hazard to human health or the en'i;ronment
<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. T he 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 />D&l')d of Trust. S!:,8cifical!y, without limitation, Indebtedness includes the future advances set forth in the Future ./I,dvances provi5;or,.
<br />together with all ir:terest there.on and all amounts that may be indirectly secured by the Cross'Collater<llization provision of this Deed
<br />ot Trust.
<br />
<br />Lender. The word "Lender" rneansFive Points Bank, its ~UcceS30rs rmd'<'!ssigns.
<br />
<br />Note. The word "Note" means th5 p(omi~sory note da~f.!d F"bruilry 28, 2006, in the original principal amount of
<br />$17.700.79 from Trl~stol' to Lender, to'Jether with all rf'newals r.1, ex,e~sion5 of, mod:fi,-,ations UT, r;;fir'Qncings of. consolidations
<br />- of, and substitutions tor the promissory note or agreement. The maturity date of this Deed ot Trust il:: 02-28.2026.
<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, agr<,ements and oocuments, 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, ar>d otho.r benefits der;'/ed
<br />from the Property.
<br />
<br />Trustee. The word "Trustee" means Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 and any
<br />substitute or successor trustees.
<br />
<br />Trustor. The word "Trustor" means NITZEL AND COMPANY AKA NITZEL & CO INC AKA NITZEL & COMPANY, INC; and RONALD L
<br />NITZEL.
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