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200906$57 <br />~~:./ +! ~F ~` ` '~i' DEED OF TRUST <br />(Continued) ~ Page 6 <br />Borrower. The word "Borrower" means Lucas L Mowrey and Nicole L Mowrey and includes all co-signers and co-makers signing the <br />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 />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"), 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 />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 />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 />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, stared, disposed of, generated, manufactured, transported nr otherwise handled. The words <br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous ar toxic <br />substances, materials nr 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 Note <br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note <br />pr 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 />Lender. The word "Lender" means Exchange Bank, its successors and assigns. The words "successors nr assigns" mean any person <br />or company that acquires any interest in the Note. <br />Note. The word "Note" means the promissory note dated August 12, 2009, in the original principal amount Of <br />$128,218.45 from Trustor 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 August 15, 2016. <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 aftixed to the Real Property; together with all accessions, parts, and <br />additions to, all replacements nf, 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 nr other 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 nptes, 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 word "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 Exchange Bank, whose address is P.Q. Box 5793, Grand Island, NE 68802 and any substitute <br />or successor trustees. <br />Trustor. The word "Trustor" means Lucas L Mowrey and Nicole L Mowrey. <br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF TWIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO <br />ITS TERMS. <br />TRUSTOR: <br />X, f <br />L cos L owrey <br />X <br />Nicole L Mowrey <br />INDIVIDUAL ACKNOWLEDGMENT <br />STATE OF ) <br />SS <br />COUNTY OF ~~~ _ ) <br />On this day before me, the undersigned Notary Public, personally appeared Lucas L Mowrey and Nicole L Mowrey, to me known to be the <br />individuals described in and who executed the Deed of Trust, and acknowledgerf that they signed the Deed of Trust as their free and <br />voluntary act and deed, for the uses and purposes therein mentioned. <br />Given under my hand and official seal this _ 1,~ __ day of , 20~ <br />GENERAL NOTARY - State of Nebraska By <br />KIM HANNON Notary Public im an or the State~of~ ~ n.Y~ <br />Nly Comm. E%p. Aug. 6 2011 Residing at ~_ ~-r~~~~.]a~~~ Y~,~. <br />My commission expires ~ ~'(~ "- a0 ~ 1 <br />