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<br />Loan No: 809638
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200806301
<br />
<br />Page 6
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<br />Succee.or. and A..lgn.. Subject to any limitations stated in this Oeed of Trust On transfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon and inura to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal 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 obligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />
<br />Time I. of the Essance. Time is of the essence in the performance of this Deed of Trust.
<br />
<br />Welve Jury. All parUe. to this Deed of Trust hereby wslve the right to any jury trial In any action, procaedlng, or countarclalm brought
<br />by any party egeln.t any other party,
<br />
<br />Welver of Homestaed bemptlon. Trustor hereby releesea snd waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />
<br />DEFINITIONS. The following capitali.ed words snd terms shall have the following meanings when used in this Deed of Trust. Unless
<br />specifically stated to the contrsry, all references to dollar amounts shall mesn smounts in lawful money of the United States of Amarica.
<br />Words and terms used in the singulsr shall include the plural, and the plural shall include the singular, aa 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 Code;
<br />
<br />Baneflclery. The word "Beneficiary" means Equitable Bank. and Its successors and assigns.
<br />
<br />Borrower. The word "Borrower" means NORTHWIND VENTURES LLC and includes all co-signers and co-makers signing the Note and
<br />all their succeaSOrS 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
<br />limitation all 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 the section titled "Default".
<br />
<br />Environmental Laws. The words "Envlronmentsl Laws" mean any and all state, federal snd locsl ststutes, regulations and ordinances
<br />relating to the protection of human health or the environment. including without limitation the Comprehenalve Environmental
<br />Response, Compensation, and Liability Act of 1990, as amended, 42 U,S.C. Section 9601. et seq. ("CERCLA"), the Superfund
<br />Amendments and Reauthori..tion Act of 1996, Pub. L. No. 99-499 ("SARA"), the Ha.ardous Materials Transportation Act, 49 U.S.C.
<br />Section 1901, 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 D.feult. The words "Event of Default" m.an 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 />Guarantor. The word "Guarantor" means any gusrsntor, surety, or accommodation party of any or all of the Indebtedness.
<br />
<br />Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender. including without limitation a guaranty of all or part of
<br />the Note.
<br />
<br />Hazardou. Sub.tance.. The worda "Hs..rdous Substances" mean materials that, becsuae of their quantity, concentration or
<br />physical, chemical Or infectious characteristics, may cause or pose a present or potential ha.ard to human health or the environment
<br />when improperly used, treated. stored, disposed of, generated. manufactured. transported or otherwise handled. The warda
<br />"Ha.ardous Substances" are used in their very broadest senae snd include without limitation any and all ha.ardous or toxic
<br />substances, materials Or waste as defined by or listed under the Environmental Laws. The term "Ha.ardous Substances" also
<br />includes, without limitation, petroleum and petrOleum by-products or any fraction thereof snd ssbestos.
<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 />Indebtedn.... 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 sub.titutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lender to dlschsrge 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. Specifically. without limitetion, Indebtedness includes the future advances set forth In the Future Advances provision
<br />of this Deed of Trust, together with sll interest thereon.
<br />
<br />Lender. The word "Lender" means Equitable Bank, its succes.ors and assigns.
<br />
<br />Note. The word "Note" meanS the promissory note dated July 22, 2008, in the original principal amount of $275,000.00
<br />from Trustor to Lender, together with all renewels of, extensions of, modifications of. refinancings of. consolidstions of, and
<br />substitutions for the promissory note or agreement. The maturity dste of this Deed of Trust is August 1, 2013,
<br />
<br />Per.onal Prop.rty. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />heresfter owned by Trustor, and nOW or hereafter attsched 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 sll proceeds (inCluding without
<br />limitation all insurance proceeds snd refunds of premiums) from any aale or other di.position of the Property.
<br />
<br />Property. The word "Property" mesns COllectively the Real Property and the Personal Property.
<br />
<br />Reel 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, gusrsntles, security agreement.. 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 Indabtedness.
<br />
<br />Rents. The word "Rents" means all present and future rent.. revenues, Income. Issues, royalties, profits, and other benefits derived
<br />from the Property.
<br />
<br />Truet... The word "Trustee" means Equitable Bank (Grand Island Region), whose address is 113-115 N Locust St; PO Box 160,
<br />Grsnd Island. NE 68802-0160 and any substitute or successor trustees.
<br />
<br />Tru.tor. The word "Trustor" means NORTHWIND VENTURES LLC.
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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:
<br />
<br />
<br />By:
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<br />c
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