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<br />200805541 <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />Page 6 <br /> <br />Loan No: 0872057027 <br /> <br />Borrower. The word "Borrower" means BENEDICT P WASSINGER and ARLENE G WASSINGER and includes all co-signers and <br />co-makers signing the Credit Agreement and all their successors and assigns. <br /> <br />Credit Agreement. The words "Credit Agreement" mean the credit agreement dated June 17, 2008, with credit limit of <br />$ 50,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations <br />of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is June 17, 2013. NOTICE TO <br />TRUSTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE INTEREST RATE. <br /> <br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without <br />limitation all assignment and security interest provisions relating to the Personal Property and Rents. <br /> <br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances <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. 99-499 ("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 />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this <br />Deed of Trust. <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 <br />Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and <br />substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge <br />Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together <br />with interest on such amounts as provided in this Deed of Trust. <br /> <br />Lender. The word "Lender" means Equitable Bank, its successors and assigns. The words "successors or assigns" mean any person <br />or company that acquires any interest in the Credit 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 Equitabla Bank (Grand Island Region), whose address is 113-115 N Locust St; PO SOX 160, <br />Grand Island, NE 68802-0160 and any substitute or successor trustees. <br /> <br />Trustor. The word "Trustor" means ARLENE G WASSINGER, Trustee of ARLENE G WASSINGER REVOCABLE LIVING TRUST <br />AGREEMENT DATED FEBRUARY 26, 2007 under the provisions of a trust agreement. <br /> <br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS. <br /> <br /> <br />~~~ <br /> <br />TRUST ACKNOWLEDGMENT, <br /> <br />tie b ra.-5Kt:t <br />)/~II <br /> <br /> <br /> <br />On this / 7 day of ~ € ~ ' 20 dB ,before me, the undersigned Notary Public, <br />personally appeared ARLENE G WASSINGER, 71'- fee of ARLENE G WASSINGER REVOCABLE LIVING TRUST <br />AGREEMENT DATED FEBRUARY 26. 2007. and known to me to be an authorized trustee or agent of the trust that executed the Deed of <br />Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed of the trust, by authority set forth in the trust <br />documents or, by authority of statute, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to <br />execute this Deed of Trust and in fact executed the Deed of Trust on behalf of the trust. <br /> <br />COUNTY OF <br /> <br />I <br />I SS <br />I <br /> <br />STATE OF <br /> <br /> <br />My commission expires <br /> <br />GENERAl NOTARY. State of Nebraska <br />1L DAVID F. DOHMEN <br />My Camm. Exp. Aug. 4, 2008 <br /> <br />l' '<;' <br /> <br />e <br /> <br />e <br /> <br />. . <br />