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DEED OF TRUST 2 (~ 1 Q Q 4 Q~ S <br />(Continued) Page 6 <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 wards "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 all hazardous or taxis <br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Wazardous Substances" also <br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof and.asbestns. <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 alt renewals of, extensions of, modifications of, cnnsnlidations of and substitutions for the Note <br />or Related Documents and any amounts expended or advanced 6y 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 ward "Nate" means the promissory note dated June 11, 2010, in the original principal amount of 5220,000.00 <br />from Trustor to Lender, together with all. renewals of, extensions of, modifications of, refinancings of, consolidations of, and <br />substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is June 16, 2017. <br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or <br />hereafter owned by Trustnr, and now or hereafter attached or affixed to the Real Property; together with all accessions; parts, and <br />additions to, all replacements nf, 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 ward "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 peed of Trust. <br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, Icon agreements, environmental <br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all ether <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 939 S LOCUST ,GRAND ISLAND NE 68801 and any <br />substitute or successor trustees. <br />Trustor. The word "Trustor" means GARY D PHILLIPS and DEBRA D PHILLIPS . <br />EACH TRUSTDR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TD <br />ITS TERMS. <br />TRUSTOR: <br />GARY D PHILJ~PS <br />BRAD PHILLIPS <br />INDIVIDUAL ACKNOWLEDGMENT <br />STATEDF ~~ 1 <br />- S5 <br />COUNTY OF ~/~GCG / 1 <br />~' <br />On this day before me, the undersigned Notary Public, personally appeared GARY b PHILLIP5 and DEBRA D PHILLIPS , to me known to <br />be the individuals described in and who executed the Deed of Trust, and acknowledged that they signed the Deed of Trust as their free and <br />voluntary act and deed,'for the uses and purposes therein mentioned. <br />Given under my hand and official seal this ~~~~ __ day of , 20 <br />4 <br />By <br />Notary Public in nd far the State of <br />' Residing at C_-'/ J~ <br />GENERALNOTARy-StatepfNt;•braska My commission expires %~ ""~-3 ~~~/~ <br />__ <br />VICKI S. f30f=-2 1 <br />My Comm, Exp. Oec. 23, 2012 <br />