|
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200708264
<br />
<br />Page 6
<br />
<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. 99A99 ("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 />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 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 />of this Deed of Trust, together with all interest thereon.
<br />
<br />Lender. The word "Lender" means Bank of Clarks, its successors and assigns. The words "successors or assigns" mean any person
<br />or company that acquires any interest in the Note.
<br />
<br />Note. The word "Note" means the promissory note dated September 18, 2007, in the original principal amount of
<br />$210,000.00 from Trustor to Lender, together with all renewals of, extensions of. modifications of, refinancings of, consolidations
<br />of, and 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 Bank of Clarks, whose address is 301 N. Green, P.O. Box 125, Clarks, NE 68628-0125 and any
<br />substitute or successor trustees.
<br />
<br />
<br />INDIVIDUAL ACKNOWLEDGMENT
<br />
<br />STATE OF (\, h.-.u. ~ b
<br />
<br />COUNTY OF ~..: ...\t.
<br />
<br />)
<br />) SS
<br />}
<br />
<br />On this day before me, the undersigned Notary Public, personally appeared Dawn M. Peard. 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.
<br />
<br />Given under my hand and official seal this ~ ~ ~
<br />
<br />d.y ~ +. _ 'o..r
<br />
<br />By V
<br />N...", "Ii';"~ tOo 51ote.f f\<.-"'~, k
<br />Residing at
<br />
<br />. 20 ~.,
<br />
<br />My commission expires
<br />
<br />I~ ~l~" OB
<br />
<br />
<br />GENERAl. NOT ARV - State of Nebraska
<br />CHRIS S. CALEY
<br />My Comm. Exp. Dec. 13, 2008
<br />
|