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<br />Loan No: 872056121 <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />200702036 <br /> <br />Page 6 <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 />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 <br />Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and <br />substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge <br />Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together <br />with interest on such amounts as provided in this 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 Credit 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 sHle 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 DocunlP.nts" mean all promissory notes, credit agreements, loan agreements, environmental <br />agreements, guaranties, security Ilgreements, 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 IlII present and future rents, revenues, income, issues, royalties, profits, Ilnd other benefits derived <br />from the Property. <br /> <br />Trustee. The word "Trustee" mellns Equitable Bank (Grand Islllnd 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 Kirby K Smith. <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 />X K;;j(;t;( <br /> <br />{Jf- <br /> <br />INDIVIDUAL ACKNOWLEDGMENT <br /> <br />STATE OF.._1-j., t II<... .5 t,,\i:"~_...____ <br /> <br />COUNTY OF ___.lj~il...____ <br /> <br />) SS <br />I <br /> <br />On this day before me, the undersigned Notary Public, personally appeared Kirby K Smith. to me known to be the individual described in <br />and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her free and voluntary act and <br />deed, for the uses and purposes therein me..nt.ion.ed. ,)-1.11... I} J <br /> <br />Given under my hand and official seal this _... -----/-LLl.. .___ day of __ .I _'__...L::::0...!::"_ ') m__...__' 20 O'l <br /> <br />By \ \j'c..~~:~:"::f)~ (~~~-;:.:;~~:::i..;,;:-~. .--.----. ... ..---- <br /> <br />Notary Publiclin and for the <br /> <br />Residing at _______.. <br />My commission expires <br /> <br /> <br />GENtpJiDIDTFiAV-. Sldte 01 NeBr:Wla <br />___ MI'Rl< E...KERSTEN <br />M 'comm. Exp. Aug. 17,.~01 <br /> <br />REQUEST FOR FUll RECONVEYANCE <br />(To be used only when obligations have been paid in full) <br /> <br />To: n...._..__._. ,,_.._ _....____, Trustee <br /> <br />The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. ~II sums secured by this Deed ~f Trust <br />have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums. oWing to you under ~he .terms of thiS Deed <br />of Trust or pursuant to any applicable statute, to cancel the Credit Agreement secured by thiS Deed of Trust (whl~h IS delivered to you <br />together with this Deed of Trust), and to reconvey, without warranty, to the parties designated by the terms of thiS Deed of Trust, the <br />estate now held by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: <br /> <br />Date: <br /> <br />Beneficiery:_...________._ <br />By: ___..___..__..._"_ <br />Its: <br /> <br />-~.~_._.,.~,,- <br />LASER PRO L..,n~.il~~, V~r. !i.:i~i.U(J,004 Copr. 11''lrI'm<J fl""'I1,~inj ~('llJjiofl~, hl'."mJ,-";i'o07. ^" Rillll!'" R~~~';~f.iCFliL~-1'51; pn 2 <br /> <br />.'~--~^". <br />""~--- <br /> <br />e <br /> <br />e <br />