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<br />~ <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />200704689 <br /> <br />Ij' ~ I. <br /> <br />Page 6 <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 />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". <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 1986, 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 />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 iimitation,petrOleum and petl'OieUIII uy-prouucls Of any fraetiei", thereof ar.d 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 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 the future advances set forth in the Future Advances provision. <br />together with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision. of this Deed <br />of Trust. <br /> <br />Lender. The word "Lender" means Exchange Bank, its successors and assigns. <br /> <br />Note. The word "Note" means the promissory note dated June 6, 2007, in the original principal amount of $32,121.50 <br />from Trustor 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 "Trustl.oc" means Exchange Bank, who~n address is P.O. 8::JX 5793, Grand lEland, NE 88802 and any substitute <br />or successor trustees. <br /> <br />Trustor. The word "Trustor" means Ann M Lilienthal and Lynn Allen Lilienthal. <br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO <br />ITS TERMS. <br /> <br />::IJM~.~tw~ <br />x~~;;;/l..;;.... <br /> <br />Allen Lilienthal <br /> <br />INDIVIDUAL ACKNOWLEDGMENT <br /> <br />STATE OF <br /> <br />nE. <br />l/aL{ <br /> <br />) <br />) SS <br />) <br /> <br />COUNTY OF <br /> <br />On this day before me, the undersigned Notary Public, personally appeared Ann M Lilienthal and Lynn Allen Lilienthal, to me known to be <br />the individuals described in and who executed the Deed of Trust, and acknowledged that they signed the Deed of Trust as their free and <br />voluntary act and deed, for the uses and purposes therein mentioned. <br />L'3. + "- <br /> <br />Given under my hand and official seal this <br /> <br />day of <br /> <br />T <br /> <br /> <br />.200/ <br /> <br />My commission expires <br /> <br />~ <br />nd for the State of /l~ <br />C"f\.O_("\.!&.~~'- <br />?!-!s.. -01 <br /> <br />J GENERAL NOTARY. State of Nebraska <br />~I KIM HANNON <br />7.: !"<:.... My Comm. Exp. Aug. 6, 2007 <br /> <br />By <br />Notary Public in <br />Residing ilt <br />