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,, _ ~. <br />t, <br />Loan No: 909224966 <br />DEED OF TRUST 2 0 0 9 0 8 3 31 <br />(Continued) Page 9 <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 or otherwise handled. The words <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 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, casts and expenses payable under the Note <br />or Related Documents, together with all renewals nf, 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. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision, <br />together with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision at this Deed <br />of Trust. <br />Lender. The word "Lender" means Five Points Bank, its successors and assigns. <br />Note. The ward "Note" means the promissory note dated October 5, 2009, in the Orlgtnal pl'InCipal arnount Pf <br />$35 7.1Q.~ from Harrower to Lender, together with all renewals of, extensiens nf, modifications of, refinancings of, consolidations <br />of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is OCT08ER 31, 2019. <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 pf 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, a5 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, cpllateral mortgages, and all other <br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedhess. <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 word "Trustor" means DANIEL J KENNEDY and LORI S KENNEDY. <br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO <br />ITS TERMS. <br />TRUSTO <br />X ~'' <br />DANIEL J KE DY <br />LORI S KENNEDY <br />