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DEED OF TRUST 2 0 0 9 0 9 6 4 7
<br />(Continued) Page 6
<br />Beneficiary. The word "Beneficiary" means Bank of Clarks, and its successors and assigns.
<br />Borrower. The word "Borrower" means Elizabeth A. Garduno and includes all co-signers and co-makers signing the Note and all their
<br />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. 1"CERCLA"-, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"1, the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservaticn 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 />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 nr 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 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. Specifically, without limitaticn, Indebtedness includes the future advances set forth in the Future Advances provisicn,
<br />together with all interest thereon and all amounts that may be indirectly secured by the Crass-Collateralization provision of this Deed
<br />of Trust.
<br />Lender. The word "Lender" means Bank of Clarks, its successors and assigns. The words "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 December 2, 2009, In th@ original principal amount Of
<br />$28,OQ0.00 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. The maturity date of this Deed of Trust is December 16, 2012.
<br />Personal Property. The wards "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />hereafter owned by Truster, 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 Daed 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 yr hereafter existing, executed in connecticn 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 Bank of Clarks, whose address is 301 N. Green, P.Q. Box 125, Clarks, NE 68628-0125 and any
<br />substitute or successor trustees.
<br />Trustor. The word "Trustor" means Elizabeth A. Garduno.
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS.
<br />TRUSTOR:
<br />x '~
<br />E zabeth .Garduno
<br />INDIVIDUAL ACKNOWLEDGMENT
<br />STATE OF 1
<br />1 SS
<br />COUNTY OF ..J 1
<br />On this day before me, the undersigned Notary Public, personally appeared Elizabeth A. Garduno, to me known to be the individual
<br />described in and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her free and
<br />voluntary act and deed, for the uses and purposes therein mentioned.
<br />Given under my hand and official seal this da , 20
<br />B
<br />~~-~~ N ry Pub c in and for the State of
<br />.Nl~Y M. HAMMERMEI5TER T~ "" __' '' //ii
<br />MY Comm. Fxp. pec.25, ZO1Z Residing at y~7T~,~/~G.e$~~ __ .
<br />My commission expires .Z ~~5'" ~-
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