|
<br />~
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200900151
<br />
<br />Page 7
<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 />Guarantor. The word "Guarantor" means any guarantor, 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 />HS;l:ardous 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 end include without limitation any and all hazardous or toxic
<br />substances, materiels 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 end 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. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision,
<br />together with all interest thereon and all amounts that may be indirectly secured by the Cross-CollateraJization provision of this Deed
<br />of Trust.
<br />
<br />Lender. The word "Lender" means Exchange Bank, its successors and assigns.
<br />
<br />Note. The word "Note" means the promissory note dated January 8, 2009, in the original principal amount of
<br />$183,132.00 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.
<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 Exchange Bank-Grand Island Branch, whose address is P.O. Box 5793, Grand Island, NE 68802
<br />and any substitute or successor trustees.
<br />
<br />Trustor. The word "Trustor" means Justin P Oseka and Anna lOseka.
<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 />
<br />INDIVIDUAL ACKNOWLEDGMENT
<br />
<br />STATE OF
<br />
<br />~Jt'i~
<br />
<br />I
<br />I SS
<br />I
<br />
<br />COUNTY OF ~ Jt
<br />
<br />\.~'f,.~J. u} ~ tL
<br />
<br />On this day before me, the undersigned Notary Public, personally appeared Justin P Osaka and Anna L Oseka!\ to me known to be the
<br />individuals described in and who executed the Deed of Trust, and acknowledged that they signed the Deed of Trust as their free and
<br />voluntary act and deed, for the uses and purposes therein mentioned.
<br />
<br />Given under my hand and official soal this Bot!.... day of
<br />
<br />
<br />,2009
<br />
<br />, ~iiaIIW'-"-l
<br />:=ve:=:2..
<br />
<br />By
<br />Notary Public in nd for the Stato of N4IM k",--
<br />Residing at t:)G~ ~
<br />My commission expires ~ l..D, i.DYl._
<br />
|