<br />f^ ";..
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<br />Loan No: 67$Ssp~1! t.. /
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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200804318
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<br />Page 6
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<br />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 Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State
<br />of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically
<br />stated to the contrary, all references to dollar amounts shall mean amounts in lawful money. of the United States of America. Words and terms
<br />used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise
<br />defined In this Deed of Trust shall have the meanings allributed to such terms in the Uniform Commercial Code:
<br />
<br />Beneficiary. The word "Beneficiary" means Plalle Valley State Bank & Trust Company, and its successors and assigns.
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<br />Borrower. The word "Borrower" means Lyle L. DUllon and Lorraine B. Dullon and includes all co-signers and co-makers signing the Note
<br />and all their successors and assigns.
<br />
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without Iimitallon all
<br />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 tile sectIon IIlIed "Default".
<br />
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinan~s
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Respons#r.
<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 Matel'ials 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.
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<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surely, or accommodation party to Lender, including without.
<br />limitation a guaranty of all or part of the Note.
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<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 potentiall1azard 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 Iimitallon, 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 />
<br />Lender. The word "Lender" means Plalte Valley State Bank & Trust Company, its successors and assigns.
<br />
<br />Note. The word "Note" means the promissory note dated May 5, 2008, in the original principal amount of $266,383.92 from
<br />Borrower to Lender, together with all renewals of, extensions of, modifications of, refinanQlngs of,coR$Olidatlons 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 altached 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 aU 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.
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<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 connecllon 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.
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<br />Trustee. The word "Trustee" means Plalte Valley State Bank & Trust Company, whose address is PO Box 430, Kearney, NE 68848-0430
<br />and any substitute or successor trustees.
<br />
<br />Trustor. The word "Trustor" means DTN & Associates, L.L.C..
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<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS.
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<br />TRUSTOR:
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