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<br />loan No: 807850
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200900112
<br />
<br />Page 6
<br />
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />
<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br />
<br />Beneficiary. The word "Beneficiary" means Equitable Bank, and its successors and assigns.
<br />
<br />Borrower. The word "Borrower" means CRAIG A MIERAU, BARBARA J MIERAU and DELORES E. MIERAU and includes all co-signers
<br />and co-makers signing the Note 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
<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"I, 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 />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty of all or part of the Note.
<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 Note
<br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge 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.
<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 Note.
<br />
<br />Note. The word "Note" means the promissory note dated December 31, 2008, in the original principal amount of
<br />$48,388.31 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 July 10, 2021. NOTICE TO
<br />TRUSTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE.
<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 uther 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 Equitable Bank (Grand Island Region), whose address is 113-115 N Locust St; PO Box 160,
<br />Grand Island, NE 68802-0160 and any substitute or successor trustees.
<br />
<br />Trustor. The word "Trustor" means DELORES E. MIERAU.
<br />
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST. AND TRUSTOR AGREES TO ITS TERMS.
<br />
<br />TRUSTOR;
<br />
<br />X ~J!IPAP7 t '111:~JAJcuJ
<br />D~ ORES E. MIERAU
<br />
<br />INDIVIDUAL ACKNOWLEDGMENT
<br />
<br />STATE OF
<br />
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<br />
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<br />I SS
<br />
<br />COUNTY OF
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<br />On this day before me, the undersigned Notary Public. personally appeared DELORES E. MIERAU. AN UNMARRIED PERSON. to me known
<br />to be the individual described in and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or
<br />her free and voluntary act and deed, for the uses and purposes therein mentioned. ~ f?
<br />
<br />G;veo ond" my heod eod o!fi,;el ..el th;, J I dey of . ~ ~; 20 0 .
<br />
<br />By ~ __ ..____,,_
<br />Notary Public in and for the State of
<br />Residing at
<br />
<br />
<br />My commission expires ___..
<br />
<br />.. \. 0 ; 1 U 0 ! I .j
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