<br />Loan No: 0872056735
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200806242
<br />
<br />Page 6
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<br />Borrower. The word "Borrower" means GARY l KRUSE and ARDITH A KRUSE and includes all co-signers and co-makers signing the
<br />Credit Agreement and all their successors and assigns.
<br />
<br />Credit Agreement. The words "Credit Agreement" mean the credit agreement dated July 1 (), 2008, with credit limit of
<br />$100,000.00 from Borrower to lender, together with all renewals of, extensions of. modifications of. refinancings of,
<br />consolidations of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is July 16, 2013.
<br />NOTICE TO 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. ("CERCI..A"). the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. 1... 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 thl'! 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 6f Wust:
<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 "l1a~ardous 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, structure,.;, mobile homes offixed on
<br />the Real Property, facilities, additions, replacements and other con,.;truction on the Real Property.
<br />
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expense,.; payable undm the
<br />Credit Agreement or Related Documents. together with oil renewals of, extensions of. modifications of, consolidations of and
<br />substitutions for the Credit Agreement or Related Documents and any amount,.; expen(led 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 assi~Jns. 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 personol 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 togelher 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 Heal 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 amI 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, Ilnd other benefits derived
<br />from the Property.
<br />
<br />Trustee. The word "Trustee" means Equitable Bank (Gmnd Island Region), whose address is 113--115 N Locust St; PO Box 160,
<br />Grand Island, NE 6B802-0160 and any sllbstitute or successor trustees.
<br />
<br />Trustor. The word "Trustor" means GARY L KRUSE REVOCABLE TRUST and ARDITH L KRUSE REVOCABLE TRUSr.
<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 />
<br />ARDITH L KRUSE REVOCABLE TRUST
<br />
<br />B'~~~~f~~R""OCABLETRUST
<br />
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