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y• ,' .. F, <br />Loan No: ~L95s35 <br />default section of this Deed of Trust. <br />DEED OF TRUST <br />(Continued) 2 0 0 9 0'7 2 3 7 page 6 <br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, ar accommodation party to Lender, including <br />without limitation a guaranty of all or part of the Note. <br />Wazardous 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 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, casts and expenses payable under the Note <br />or Related Documents, together with all renewals of, extensions of, modifications af, consolidations of and substitutions for the Note <br />or Related Documents and any amounts expended ar 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 wprd "Lender" means Nebraska National Bank, its successors and assigns. The words "successors or assigns" mean <br />any person or company that acquires any interest in the Nate. <br />Note. The word "Note" means the promissory note dated August 26, 2009, In the Original principal amount Of <br />$240,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, <br />consolidations af, and substitutions for the promissory note or agreement. <br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now nr <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) Pram any sale or 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 notes, credit agreements, Inan 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 Nebraska National Bank, whose address is PO Box 397, Kearney, NE 68848 and any substitute <br />or successor trustees. <br />Trustor. The word "Trustor" means Brian P. Schardt and Libby D. Schardt. <br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL 7HE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO <br />ITc T~onec <br />TI <br />X <br />X <br />INDIVIDUAL ACKNOWLEDGMENT <br />STATE OF ~ ~'~~ <br />COUNTY OF I <br />SS <br />On this day before me, the undersigned Notary Public, personally appeared Brian P. Schardt and Libby D. Schardt, Husband & Wife, to me <br />known to be the individuals described in and who executed the Deed of Trust, and acknowledged that they signed the Deed of Trust as <br />their free and voluntary act and deed, for the usesnand purposes therein mentiane . <br />Given under my hand and official seal this p{ ~ _ _ day of ____ _ _, 20~• <br />GENERAL NgTARV - State of Nebraska <br />~w I,AURAJ. M~7H~ <br />My Comm. Exp. Dec. 9, 21111 <br />Notary Public in n CI"- State of I'VP~i <br />Residing at 'L~ <br />My commission expires ~ ~,,, .._._...r"~'C19 <br />