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"` ~~ ; ~ t ~ , ~ 1 ~ DEED OF TRUST 2 010 011$ 3 <br />(Continued) Page s <br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: <br />Beneficiary. The word "Beneficiary" means Exchange Bank, and its successors and assigns. <br />Borrower. The word "Borrower" means Ronald G Bartels 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 tv 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 5uperfund <br />Amendments and Reauthorization Act of 19$6, Pub. L. No. 99-499 ("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 yr 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 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 yr 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, 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 Nate <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 Crass-Collateralization provision of this bead <br />of Trust. <br />Lender. The word "Lender" means Exchange Bank, 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 February 12, 2010, in the OI'Iglnal principal amount of <br />$90,A~03.50 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 af, 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 wards "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 1204 Allen Drive, Grand Island, NE 68802 and any substitute <br />or successor trustees. <br />Trustor. The word "Trustor" means Ronald G Bartels. <br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS. <br />TRUSTOR: <br />Ronald G Bartels <br />INDIVIDUAL ACKNOWLEDGMENT <br />STATE OF 'v ~~I~ <br />1 SS <br />COUNTY OF ~t~- <br />On this day before me, the undersigned Notary Public, personally appeared Ronald G Bartels, tv 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. <br />Given under my hand and official seal this ~ day of ~ ~V <br />BY __..r <br />GENERAL NOTARY - Stalc of NebrssKa Notary Public in and for the State of ~ q,~~/$qG~, l~ .~ <br />IV PATRICK J. McGUIRE ~~~G2 <br />a'"" ~ ,~~My Cnmm. Exp. Sept. 7.6, 201A Residing at `!~ <br />My commission expires zfD W <br />