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DEED OF TRUST 2 0 0 9 0 5 2 7 2 <br />~' ~ ~ ~ ; ' (Continued) Page 6 <br />~~ <br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". <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 19$0, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund <br />Amendments and Reauthorization Act of 7 986, Pub. L. No. 99-499 ("SARA"1, the Hazardous Materials Transportation Act, 49 U.S.C. <br />Section 1807, 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 />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 />Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. <br />Guaranty. The word "Guaranty" means the guaranty from Guarantor tp Lender, including without limitation a guaranty of all or part of <br />the Note. <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 wards <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 />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 />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Nate <br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions far the Note <br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustar'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 />Lender. The word "Lender" means Platte Valley State Bank & Trust Company, its successors and assigns. <br />Note. The word "Note" means the promissory note dated June 29, 2009, in the original principal amount of $220,000.00 <br />from Trustor to Lender, together with all renewals af, extensions of, modifications of, refinancings of, consolidations of, and <br />substitutions for the promissory note or agreement. <br />Personal Property. The words "Personal Prpperty" 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 ether disposition of the Property. <br />Property. The word "Property" means collectively the Real Property and the Personal Property. <br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. <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 />Rants. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived <br />from the Prpperty. <br />Trustee. The word "Trustee" means Platte Valley State Bank & Trust Company, whose address is $10 Allen Dr, Grand Island, NE <br />68601 and any substitute or successor trustees. <br />Trustor. The ward "Trustor" means Exclusive Properties, P.C.. <br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS. <br />TRUSTOR: <br />E LU E PROPERTI , <br />Alvin A. Avery, President of Exclu roperties, P.C. <br />CORPORATE ACKNOWLEDGMENT <br />STATE OF L ~ r 1 <br />1 SS <br />COUNTY OF ~ ~ 1 <br />On this ~ ~ ~ day of 20 ~~, before me, the undersigned Notary Public, <br />personally appeared Alvin A. Avery, President of Ex sive Properties, P.C., and knpwn to me to be an authorized agent of the corporation <br />that executed the Deed of Trust and acknowledge the Deed of Trust to be the free and voluntary act and deed of the corporation, by <br />authority of its Bylaws ar by resolution of its board of directors, for the uses and purposes therein mentioned, and on oath stated that he or <br />she is authorized to execute this Deed of Trust and in fact executed the Deed' f Trust on behalf of the torpor tion. <br />ey <br />Notary Pub in nd for the State of <br />Residing at Y' _ <br />My commission expires <br />- • $1119 QI NBbfASki <br />ELIZABETH A QARDUNO <br />Comm. . Elreb ~, Y019 <br />