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~. <br />DEED OF TRUST 2 0 9 0 7 214 <br />(Continued) <br />Page 7 <br />default section of this Deed of Trust. <br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this <br />Deed of Trust. <br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or acc mmodation 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, becausg of their quantity, concentration or <br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazer 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 limit tipn any and all hazardous or toxic <br />substances, 'materials or waste as defined by or listed under the Envirnnmental Laws. Thy 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, building , .structures, mobile homes afifixed 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, modifiications of, consolida ions 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 vvith intere~t on such amounts as provided in this <br />Deed of Trust. Specifically, without limitation, Indebtedness includes the future advances set fprth in the Future Advances provision, <br />together with all interest thereon and all amounts that may be indirectly secured by the Cross-~ollateralizatien provision of this Deed <br />of Trust. <br />Lender. The word "Lender" means Exchange Bank, its successors and assigns. <br />Note. The word "Note" means the promissory note dated September 1, 200fa, in th original principal amount Of <br />$721,OOOAO from Borrower to Lender, together with all renewals of, extensions o , modifications of, refinancings of, <br />consolidations of, and substitutions for the promissory note or agreement. NOTICE TOT USTOR: THE NOTE CONTAINS A <br />VARIABLE INTEREST RATE. <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 far, any of such property; and togethe with all proceeds (including without <br />limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of he 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 furth r described in this Dead of Trust. <br />Rela#ed Documents. The words "Related Documents" mean all promissory notes, credit agree~ents, 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 "Rants" means all present and future rents, revenues, income, issues, royalt es, profits, and other benefits derived <br />from the Property. <br />Trustee. The word "Trustee" means Exchange Bank, whose address is P.O. Box 6793, Grand Island, NE 68802 and any substitute <br />or successor trustees. <br />Trustor. The word "Trustor" means Copperhead Properties, LLC. <br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUIST, AND TRUSTOR AGREES TO ITS TERMS. <br />TRUSTOR: <br />COPPERHEAD PROPERTIES, LLC <br />By: <br />David D Terveen, Manager of Copperhead Properties, LLC <br />LIMITED LIABILITY COMPANY ACKNOV~ILEDGI~IIENT <br />STATE O F _ ~~~ ) gbTlWr • Stab ollrie~l~l/ <br />/l 1 SS BRIAN ~ <br />COUNTY OF ~~ L ( ~ ~~~~~ <br />1 <br />On this / day of __~5~~~~,.~_ 20 ~ -P before me, the undersigned Notary Public, <br />personally appeared David D Terveen, Manager of opperhead Properties, LLC, and known to me to ~e member or designated agent of the <br />limited liability company that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed of <br />the limited liability company, by authority of statute, its articles of organization or its operating agreement, for the uses and purposes <br />therein mentioned, and on oath stated that he or she is authorized to execute this ed of~ru~t an act executed the Deed of Trust on <br />behalf of the limited liability company. , ( ~ <br /> <br />Notary Public~in/'and fcrr the Stat f ^ ,/j/ . <br />Residing at I ~~ .Y.~ /o$'c- <br />My commission expires ~~ ~~ <br />