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<br />200803647
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />Page 6
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<br />or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceeble. If
<br />the offending provision cennot be so modified, It shall be considered del.etad from this Deed of Trust, Unleas otharwlse required by
<br />law. the illegality. invalidity. or unenforceability of any provision of this Deed of Trust shall not affect the legellty, validity or
<br />enforceability of any other provision of this Deed of Trust.
<br />
<br />Successors and Assigns. Subject to any limitations statad In this Deed of Trust on transfer of Trustor's interest. this Deed of Trust
<br />shall be binding upon and Inure to the benefit of the parties. their Successors end assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notice to. Trustor. may dB81'with Trustor's succeSSors with reference to thIs
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obllgstlons of this Deed of
<br />Trust or liability under the Indebtedness,
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<br />Time is of the Essence. Time Is of the essenCe in the performance of this Deed: of Trust.
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<br />Waiver of Homesteed Exemption. Trustor hereby releases snd waives all rights end benefits of the homestead exemPtion laws of the
<br />State of Nebraske as to all Indebtedness secured by this Deed of Trust.
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<br />DEFINITIONS. The following capitalized words and terms shall heva the follOWing meanings when used In this Deed of Trust. Unless
<br />specifically stated to the contrary, all references to dollar smounts shall mean amounts in lawful money of the United States of America.
<br />Words and terms used In the singular shall Include the plural, and the plural ahalllncluda the singular. as the context may require, Words
<br />and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms In the Uniform Commercial Coda:
<br />
<br />Beneficiary, The word "Beneficiary" means Platte Velley State Benk & Trust Company, and its successors end assigns.
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<br />Borrower. The word "Borrower" means Meininger Fire Protection. Inc; Christopher W. Meininger; Shane Meininger; Edwerd A.
<br />Meininger; and Carmen A. Meininger and Includes all co-elgners and co-makers signing the Note and all their SUCcessors and aSSigns.
<br />
<br />D.ed of Trust. The words IIDeed o' Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes \.'lflthout
<br />limitation all assignment and security interest provisions relating to the Personsl Proparty and Rents.
<br />
<br />DBfault. Tha word "Defsult" means the Default set forth In this Deed of Trust in the aeotion titled "Default',
<br />
<br />environmental Laws. The word. "Envlronmsntel Lews' meen any and all state. federal and local stetutes, regulstions and ordinances
<br />relating to the protection of human health or the envlrcnment, inclUding without limitation the Comprehensive Envlronmental
<br />Response, Compensation, and Liability Act of 1 980, as amended. 42 U.S.C. Section 9601. et seq. I"CERCLA"), the Superfund
<br />Amendments and Reauthori..tion Act of 1986, Pub, L. No. 99-499 ('SARA"), the Ha.ardous Materiels Transportation Act, 49 U,S,C.
<br />Section 1801. at seq., the Resource Consarvatlonand Racovary Act, 42 U.S.C. Section 6901, et seq" or other applicable .tata or
<br />federallaW5. rules! or regulations adopted pursuant thereto.
<br />
<br />Event of Default. The words "Event of Default" mean any of the events of defsult set forth in this Deed of Trust In the events of
<br />default seotion of thle Deed of Trust,
<br />
<br />Guarenty. The word "Guaranty" means tha guaranty from guerantor, endorser. surety, or accommodation party to Lender, including
<br />without limitation a guarenty of ell Or pert of the Note.
<br />
<br />Ha%ardo,us Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or
<br />physical, chamicel or Infectious characteristics, msy cauee or pose a present Or potential ha.ard to human heslth or the environment
<br />when Improperly used. treated, stored, disposed of, generated, manufactured, trensported or otherwise handled. Tha words
<br />'Hazardous Substances" are used In thair vary broade.t sense and include without limitation sny and all he.ardous or toxic
<br />substances. msterlals Or weste as defined by Or listed under the Envlronmantal Lsws. The term "H..ardous Substancae" elso
<br />includes, without limitation, petroleum and petroleum by-products or any frection thereof and asbestos.
<br />
<br />Improvements. The word "Improvements" means all existing and future Improvements. buildings, structures, mobile homes e!flxed on
<br />the Real Property, facilities. additions. replacements and other construction on the Real Property.
<br />
<br />Indebtedness. The word "Indebtedness" means all principal. Interast, snd other amounts, costs and expenses payable under the Note
<br />or Related Doouments, together with all renewals of. extensions of, modifications of. consolidations of and substitutions for tha Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligatlons.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. Indabtedness Includes the future advances set forth In the Future Advances provision
<br />of this Deed of Tru.t. together with all Interest thereon,
<br />
<br />Lender. The word "Lender" maans Platte Valley State Bank & Trust Company. Its sUcce.sors and aseigns.
<br />
<br />Note. The word "Note" means the promissory note dated April 25. 2006, in the original principal amount of $167.000.00
<br />from Borrower to Lender, together with atl renewals of, extensions of, modlfioations of, refinancings of', consolidations of, and
<br />substitutions for the promissory note Or agreement,
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<br />Personal Proparty. The words "Personel Property" mean all equipment, fixtures, and other articles of personal property now Or
<br />hereafter owned by Trustor, snd now or heresfter attached or affixed to the Real Property; together with all acceeslons, parts, and
<br />additions to, all replacements of, and all substitutions for, eny of such property; end together with all proceeds (Including without
<br />limitation all insurance proceeds and refunds of premiums' from any sala or Other dl.positlon of the Property.
<br />
<br />Property. The word "Property" means collectively the Real Property and the Parsonal Property,
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<br />Real Property. The words "Real Property" me.an the real property. interests and rights, as further dsscrlbed in thl. Desd of Tru.t,
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<br />Related Documents. The words "RelAted Decuments" mesn all promissory notes, credit agreements, loan agreements, envlronmentsl
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, seourity deeds. collateral mortgages, and all other
<br />inatruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebted"ess.
<br />
<br />Rents. The word "Rent$" means all present and future rents, revenues. Income, issues, royalties, profits, and other benefits derived
<br />from the Proparty.
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<br />Trustee. The word "Trustae" meens Plstte Valley State 8ank & Trust Company, whose address Is 810 Allen Or, Grand Island, NE
<br />68801 and any substitute or succeSSor trustees.
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<br />Trustor. The word "Trustor" mesns Edward A, Meininger, Carmen A. Meininger, Marcia K. Schwaderer and Jamas Schwaderer.
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