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<br />Loan No: 41813
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200705408
<br />
<br />Page 6
<br />
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and
<br />Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations
<br />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 default
<br />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 Deed of
<br />Trust.
<br />
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without
<br />limitation a guaranty of all or part of the Note.
<br />
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
<br />chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly
<br />used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are
<br />used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by
<br />or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum
<br />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 the
<br />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 or
<br />Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related
<br />Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or
<br />Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br />Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision, together with all interest
<br />thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed of Trust.
<br />
<br />Lender. The word "Lender" means Howard County Bank a branch of Sherman County Bank, its successors and assigns.
<br />
<br />Note. The word "Note" means the promissory note dated June 22, 2007, in the original principal amount of $102,184.84 from
<br />Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the
<br />promissory note or agreement.
<br />
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
<br />owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
<br />replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance
<br />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 instruments,
<br />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 from the
<br />Property.
<br />
<br />Trustee. The word "Trustee" means Sherman County Bank, whose address is PO Box 543, Loup City, NE 68853 and any substitute or
<br />Sucgesf;9r tru!ilees,.
<br />
<br />Trustor. The word "Trustor" means Gary W Ostermeier.
<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 />x.....32(~...~..~
<br />--Gary W stermeier
<br />
<br />INDIVIDUAL ACKNOWLEDGMENT
<br />
<br />STATE OF
<br />
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<br />
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<br />
<br />COUNTY OF
<br />
<br />On this day before me, the undersigned Notary Public, personally appeared Gary W Ostermeier, a single person" to me known to be the
<br />individual described in and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her free and
<br />voluntary act and deed, for the uses and purposes therein mentioned. ~
<br />
<br />Given under my hand and official seal this 7. "] ~,ay ~f, . J \. ~. {\ (i,.j ,r C~ '1
<br />
<br />
<br />,..
<br />
<br />6EHEJIAl NOTARY. State of Nebraska
<br />KERIN R. SMYDRA
<br />My Conun. Exp. Feb. 21, 2008
<br />
<br />Notary P blic i~~d for ~ State of
<br />Residing 01'.)- \ \ '; -rLL.L.L..
<br />My commission expires F *" -tJ 'L ~ I L CC ~
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