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,?.~'~" `r . ` ;- DEED OF TRUST 2~O~~~G57 <br />(Continued) Page 6 <br />Dsed of Trust. The wards "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 1"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 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, stored, disposed of, generated, manufactured, transported or otherwise handled. The words <br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and atl 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 ward "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 />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 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 wards "successors or 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 28, 2009, In the original principal amOUnt Of <br />$28,800.00 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. <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 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 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, 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.O. Box 5793, Grand Island, NE 68802 and any substitute <br />or successor trustees. <br />Trustor. The word "Trustor" means Mary I Wetherilt. <br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS. <br />TRUSTOR: <br />X -~'I~ ~ 1.(1 <br />M I W erilt <br />INDIVIDUAL ACKNOWLEDGMENT <br />STATE OF / (~ 1 <br />1 SS <br />COUNTY OF 1 <br />On this day before me, the undersigned Notary Public, personally appeared Mary I Wetherilt, to me known to be the individual described in <br />and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her free and voluntary act and <br />deed, for the uses and purposes therein mentioned. ^~ ` ~ Q <br />Given under my hand and official seal this c~ ~~ __ day of ~ (,~.'i~l T „_ _ . 20 L--• <br />t38~iA1.MGTAFrr-'l~ Nebraslc~~ Notary Public in d for the State of ~~ <br />tqM HANNaN <br />e~ NyCoinlll. Exp. Auq. 6 2011 Residing at <br />My commission expires ~ ~` <br />After Recording, Please Return To: <br />GBS Partners, LLC <br />]3911 Ridgedale Dr, Suite 470 <br />Minnetonka, MN 55305 <br />952-S4S-2008 <br />