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<br />DEED OF TRUST <br />(Continued) <br /> <br />200710349 <br /> <br />Page 6 <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. <br /> <br />Lender. The word "Lender" means Platte Valley State Bank & Trust Company, its successors and assigns. The words "successors or <br />assigns" mean any person or company that acquires any interest in the Note. <br /> <br />Note. The word "Note" means the promissory note dated December 11, 2007, in the original principal amount of <br />$354,000.00 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 Brian L. Fox, whose address is 625 Sandalwood Dr, Grand Island, NE 68803 and Heather L. <br />Fox, whose address is 625 Sandalwood Dr, Grand Island, NE 68803 and any substitute or successor trustees. <br /> <br />Trustor. The word "Trustor" means Brian L. Fox and Heather L. Fox. <br /> <br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO <br />ITS TERMS. <br /> <br />TRUSTOR: <br /> <br />x~ <br /> <br />Brian L. Fox <br /> <br />':Vft{Yrfl":!/ //f;K <br />H her L. ox <br /> <br />INDIVIDUAL ACKNOWLEDGMENT <br /> <br />STATE oH~i1a-4~~ <br /> <br />iJ "1 <br />COUNTY OF ~_.. d.J!.J' <br /> <br />) <br />) SS <br />) <br /> <br />On this day before me, the undersigned Notary Public, personally appeared Brian L. Fox and Heather L. Fox. as Husband and Wife, to me <br />known to be the individuals described in and who executed the Deed of Trust, and acknowledged that they signed the Deed of Trust as <br />their free and voluntary act and deed, for the uses and purposes therein mentione <br /> <br />Given under my hand and official seal this II day of <br /> <br />By L - --v--- -0____ <br /> <br />Notary Public in and r the State OfLZ~h?.L.d_//~ <br /> <br />Residing at :;:.!;fz~~-L~- <br /> <br />My commission expires <br /> <br /> <br />14. GENERAL NOTARY. State of Nebraska <br />'~II KATHRYN KLUSKA <br />~ My Comm. Exp. Aug.1, 2010 <br />