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<br />Loan No: 33704 <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />200703626 <br /> <br />Page 4 <br /> <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 CHLONATE, LLC; and PATRICK M HENG and includes all co-signers and co-makers signing <br />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 1 980, 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 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 HASTINGS STATE BANK, its successors and assigns. <br /> <br />Note. The word "Note" means the promissory note dated May 1, 2007, in the original principal amount of $516.000.00 <br />from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and <br />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 CHLONATE, 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 />CHLONA TE, LLC <br /> <br />By: <br />PATRICK M <br /> <br /> <br />er of CHLONA TE. LLC <br /> <br />STATE OF <br /> <br />LIMITED LIABILITY COMPANY ACKNOWLEDGMENT <br />NLb(t1~a <br />Ac1 a rY\ s <br /> <br />) <br />) 55 <br />) <br /> <br />COUNTY OF <br /> <br />On this ~ nd day of --.Mil ~ ' 20 [) "7 ,before me, the undersigned Notary Public, <br />personally appeared PATRICK M HENG. Member of HLONATE, LLC, and known to me to be partner or designated agent of the limited <br />liability company that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed of the <br />limited liability company, by authority of statute, its articles of organization or its operating agreement, for the uses and purposes therein <br />mentioned, and on oath stated that he or she is authorized to execute this Deed of Trust and in fact executed the Deed of Trust on behalf <br />of the limited liability company. <br /> <br />Jk. GENERAl NOTARY - State of Nebr. aalla <br />PATRICIA JACOf' <br />"-....~ MyComm.Exp.0 MIDI <br /> <br /> <br />By <br />