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<br />loan No: 33035
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200603223
<br />
<br />Page 4
<br />
<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 />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />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 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. 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 JOEL SHAFER and MARCEY A SHAFER.
<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 />
<br />x~t~~~;DP
<br />
<br />INDIVIDUAL ACKNOWLEDGMENT
<br />
<br />STATE OF (lLJ))z~..CL->
<br />COUNTY OF J.J-crjL.
<br />
<br />)
<br />) 55
<br />)
<br />
<br />On this day before me, the undersigned Notary Public, personally appeared JOEL SHAFER and MARCEY A SHAFER. Husband and Wife. to
<br />me known to be the individuals described in and who executed the Deed of Trust, and acknowledged that they signed the Deed of Trust as
<br />their free and voluntary act and deed, for the uses and purposes therein mentio
<br />
<br />Given under my hand and official seal this --1 0 ~
<br />
<br />.&ENEIW. NOTARY - State ~ Nebraska
<br />JUDY M. HAMMERMEISTER
<br />My Comm. Exp. Dee. 25, 2008
<br />
<br />
<br />By
<br />Nota blic in d for the State of
<br />Resid. g at J::i;JJt)~
<br />My commission expires l.;;l- ,;;2 5- D8
<br />
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