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<br />Loan No: 33035
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200603222
<br />
<br />Page 4
<br />
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America.
<br />Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words
<br />and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />
<br />Beneficiary. The word "Beneficiary" means HASTINGS STATE BANK, and its successors and assigns.
<br />
<br />Borrower. The word "Borrower" means SHAFER COMMERCIAL PROPERTIES, LLC; and JOEL SHAFER and includes all co-signers and
<br />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 />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 1 986, 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 />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 expenSIlS 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. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the
<br />Cross-Collateralization provision of this Deed of Trust.
<br />
<br />Lender. The word "Lender" means HASTINGS STATE BANK, its successors and assigns.
<br />
<br />Note. The word "Note" means the promissory note dated April 10, 2006, in the original principal amount of
<br />$1,100,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of,
<br />consolidations of, and substitutions for the promissory note or agreement.
<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 HASTINGS STATE BANK, whose address is 530 N. BURLINGTON, HASTINGS, NE 68901 and
<br />any substitute or successor trustees.
<br />
<br />Trustor. The word "Trustor" means SHAFER COMMERCIAL PROPERTIES, LLC.
<br />
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS.
<br />
<br />TRUSTOR:
<br />
<br />
<br />LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
<br />
<br />STATE OF
<br />
<br />COUNTY OF
<br />
<br />Adams
<br />
<br />)
<br />) 55
<br />)
<br />
<br />Nphr;H:k~
<br />
<br />On this 1 n day of A~ri 1 ____, 20 .!l.6-__' before me, the undersigned Notary Public,
<br />personally appeared JOEL SHAFER. Member of SAFER COMMERCIAL PROPERTIES. LLC. and known to me to be partner or designated
<br />agent of the limited liability company that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act
<br />and deed of the limited liability company, by authority of statute, its articles of organization or its operating agreement, for the uses and
<br />purposes therein mentioned, and on oath stated that he or she is authorized to execute this Deed of Trust and in fact executed the Deed of
<br />Trust on behalf of the limited liability company.
<br />
<br />j;ENERAL NOTARY-State of Nebraska
<br />III NANCY HEHN~E
<br />My Comm. Exp. );;2-. ~o 8
<br />
<br />
<br />By
<br />
<br />Residing at
<br />My commission expires
<br />
<br />H;Jl":tinel":
<br />12/1 /08
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