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<br />loan No: 872056201
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200704216
<br />
<br />Page 6
<br />
<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 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 Documants. 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 />Trustae. The word "Trustee" means Equitable Bank (Grand Island 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~~t {.ft-
<br />
<br />INDIVIDUAL ACKNOWLEDGMENT
<br />STATE OF ~ J\I-u.. '7 ka....-.
<br />
<br />COUNTY OF ------1-\(~ t \
<br />
<br />)
<br />) SS
<br />)
<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 mentioned... ... r '.~...'.. . If\
<br />
<br />Given under my hand and official seal this ____1-?1v\ day of -----l-~ ' 20
<br />
<br />By
<br />
<br />
<br />-NO ebraska
<br />MARK E. KERSTEN
<br />My Coriiiii: xp. U .
<br />
<br />
<br />Residing at
<br />
<br />REQUEST FOR FULL RECONVEYANCE
<br />(To be used only when obligations have been paid in full)
<br />
<br />....._____.___, Trustee
<br />
<br />To:
<br />
<br />The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust
<br />have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed
<br />of Trust or pursuant to any applicable statute, to cancel the Credit Agreement secured by this Deed of Trust (which 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 />Benaficiary:
<br />By:
<br />Its:
<br />
<br />Data:
<br />
<br />LASER PRO lelllding, V"r. 5.35.00.00"1 CI'~'f, Hllfll;lllj(l FII\A!ll':illl Solul;on~.lnr.. 19~7, 1007. All R;ijht!.< R"!.<,,rv.;d. - "'E F~\(:F.I\Lf'l.\G01.FC TR 1779 PA-2
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