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. ~ '~ ~ 2010U497i
<br />DEED OF TRUST
<br />' ~ Loan No: 872057809 (Continued) Page s
<br />Borrower. The word "borrower" means 8EN H WEEKS III and NANCY G WEEKS and includes all co-signers and co-makers signing the
<br />Credit Agreement and all their successors and assigns.
<br />Credit Aggroement. Tha words "Credit Agreement" mean the credit agreement dated January 28, 2010, With CfBLtit limit of
<br />X117,000.00 from Trustor to Lender, together with aH renewals of, extensions of, modifications of, refinancings of, consdidations
<br />oi, and substitutions for the promissory note or agreement. Tha maturity date of this Deed of Trust is January 29, 2013.
<br />Deed of Trust. The words "Dead of Trust" mean this Deed of Trust ampng 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 heath 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 5upertund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conserva8on and Reaavery Act, 42 U.S.C. Section 6901, et seq., or other applyable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of befeult" 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 />Hazardous 8ubstaneas. The words "Hazardous Substances" mean materiels that, because of their quantity, concentrallon pr
<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,._ gen_erat8d, manufactured, transported pr. otherwise handled. The words
<br />"Hazardous Substances" are used in their very broadest sense and include without Amitation any and aN hazardous ar 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 py-prpducts or any Fraction thereof and asbestos.
<br />tmprovemants. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, addillans, replacements and other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all prinGpal, interest, and other amounts, costs and expenses payable under the
<br />Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consoildetions of and
<br />substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge
<br />Trustor's oblgations or expenses incurred by Trustee or Lender to enfprce Trustor's obligations under this Deed of Trust, together
<br />with interest on such amounts as provMed In this Dead of Trust.
<br />Laaaa. The word "Lease" means the lease of the Property dated February 1, 2005, 6etwaen Kuesler Lake, Inc., Landlord and Trustor,
<br />whk:h was recorded as follows: On February 11, 2005 at the Hall County Register of Deeds as instrument k0200501226.
<br />Lander. The word "Lender" means Equitable Bank, its successors and assigns. The words "successors or assigns" mean any parson
<br />or company that acquires any Interest In the Credit Agreement.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />hereafter owned 6y Trustor, end new or hereafler 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 ail proceeds (including without
<br />limitation an Insurance proceeds and refunds of premiums) from any sale or other disposition of the Property.
<br />Property. The word "Property" means collectively the Rawl Property and the Personal Property.
<br />Real Property. The words "Real Property" mean iha real property, interests and rights, as Further described in this Dead 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, secudty deeds, collateral mortgages, and aU other
<br />Instruments, agreements and documents, whether now or hereafler existing, executed in connectbn 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 Equitable Bank (Grand Island Region), whose address Is 113-115 N Locust St; PO Box 160,
<br />Grand Island, NE 88802-0180 and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means BEN H WEEKS III and NANCY G WEEKS.
<br />EACH 7RUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVI810NS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO
<br />ITS TERMS.
<br />INDIVIDUAL ACKNOWLEDGMENT
<br />STATE OF `~~L~ ~J )
<br />,~ (~ ) SS
<br />COUNTY OF ~O;C~~ ~ )
<br />pn this day before me, the undersigned Notary Public, personally appeared BEN H WEEKS 111 and NANCY G WEEKS, HUSBAND 8 WIfE, to
<br />rrle known to be the Individuals descdbed In and who executed the Deed of Trust, and acknowledged that they signed the Deed Of Trust as
<br />their free aril voluntary act and deed, for the uses and purposes therein ment
<br />Given under my hand and oRlclal seal this J~~~ day of 20~.
<br />gy ~„ c.
<br />Notary Public in nd for the Stat of
<br />~~~~ I~OfAF{Y - SIa18 01 NebrB~ca Residing at ~ ~
<br />CA71~Eki1NE,I. SMUHTLEFF My gptmlisslon expires ~ T ~~ "~ ~ ~b\''?T
<br />~ CpInIrL ~. Mann r, za~a
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