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<br />DEED OF TRUST 2 0 0 9 0 5 5 5 9 ~'
<br />Loan No: '109222722 (CClntitlU~d) Page 8
<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 />beneficiary. The word "Beneficiary'' means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means WILLIAM P ZILLER, JULANN K ZILLER, ROBERT W RUPP and MARY ELLEN RUPP and
<br />includes all co-signers. and co-makers signing the Note and all their successors and assigns.
<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 />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 ar 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"-, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"1, 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 8901, et seq., or other applicable state ar
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of pefault" mean any ofi the events of default set forth in this Deed of Trust in the events of
<br />default section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lander, including
<br />without limitation a guaranty of all or part of 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 ar listed under the Environmental Laws. The term "Hazardous •Substances" also
<br />includes; without lim.itetian; petroleum and petroleum by-products or any fracCian thereof and asbestos.. "
<br />Improvements. The word "Improvements" means all existing arid future improvements, buildings,, structures, mabile..homes affixed on
<br />the 'Real Property, faclities,'additions, replacements-and other constrwction on the Real Property:
<br />Indehtedriess. The word "Indebtedness" means all principal, interest, and other amouhts, costs. and expenses payable under the .Nate
<br />-pr Related Documents; together with all renewals of; extehsions 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 Lander 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 fiorth in the Future Advances .provision,
<br />together with;all intere5.t..tharenn and all amountsrthat,may be indirectly secured by the Cross-Collateralization provision of this Deed..
<br />of Trust. .
<br />Lender. The word "Lender" means Five Paints Bank, its sut:cessars aid assigns.
<br />Note. The ward "Note" means the promissory note dated July 8, 2009, in:the original principal amount.of, $78,828.47
<br />-from Trustor to -Lender; together with all renewals of, extensions' of, modifications of, refinancings of; consofidations of; and
<br />substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is September 6, 2009,
<br />Personal Pro arty. The words "Personal Property"'mean all equipment, fixtures, and other articles of personal property novy or
<br />.hereafter o.w. ned by Trwstar, and. now. qr hereafter attached or affiixed to ,:the Real Property; together with all acgessons, parts, .and
<br />additions ta, all replacements of, and all substitutions far, any of such property; and together with all proceeds (including without.
<br />' ~ Hmitation all insurance proceeds and'refunds'"af premiums) tram any sale ~or~otherdisposition 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 />Rents. The ward "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived
<br />from the Property.
<br />Trustee. The word "Trustee" means FIVE POINTS BANK, whose address is 2015 N BROADWELL AVE, GRAND ISLAND, NE 68803
<br />and any substitute or successor trustees.
<br />Trustor. The ward "Trustor" means WILLIAM P ZILLER, JULANN K ZILLER, ROBERT W RUPP and MARY ELLEN RUPP.
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