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<br />DEED al= TRUST 2 010 U 4~ 4 3
<br />Loan No: 8'10033 (Continued) Page 7
<br />Beneficiary. The word "Beneficiary" means Equitable Bank, and its successors and assigns.
<br />Borrower. The word "gorrawer" means ALPHA CENTER LLC and includes all co-signers and co-makers signing the Note and all their
<br />successors and assigns.
<br />bead of Trust. The words "Deed of Trus#" mean this Deed of Trust among Truster, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
<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. ("CERCLA"-, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"-, the Hazardous Materials Transportation Act, 49 U.5.G.
<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 adapted pursuant there#o.
<br />Event of Default. The words "Event of Defaul#" 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 />Existing Indebtedness. The wards "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
<br />Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness.
<br />Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including wi#hout limitation a guaranty of all or part of
<br />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 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 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-produc#s 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 ward "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 far the Note
<br />nr Related Documents and any amnun#s 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, #ogether 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 of this heed
<br />of Trust.
<br />Lender. The word "Lender" means Equitable Bank, its successors and assigns.
<br />Note. The word "Nate" means the promissory note dated July 6, 2010, in the original principal amount of $162,000.00
<br />from Borrower to Lender, together wi#h all renewals of, extensions of, modifications of, refinancings of, consolidations of, and
<br />substitutions for the promissory note or agreement. NOTICE TO TRUSTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE.
<br />Personal property. Tha 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 #o, 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 "Baal 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 />agreemen#s, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other
<br />instruments, agreements and documents, whether now ar hereafter existing, executed in connection with the Indebtedness.
<br />Rents. Tha 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 68802-p160 and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means SCOTT A. RIES and NELLIE K. RIES.
<br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE" PROVISIONS OF THIS DEED pF TRUST, AND EACH TRUSTOR AGREES TO
<br />ITS TERMS.
<br />TRUSTOR:
<br />~1
<br />X J~
<br />SCOTT .RIES
<br />- .J~~~,a...._ _.....
<br />NELLIE K. RIES
<br />INDIVIDUAL ACKNOWLEDGMENT
<br />STATE OF ~//~~5~~ -
<br />_ ~G /~ . 1 ss
<br />coulurv of
<br />(]n this rlay beforo me, the undersigned Notary Publir., prrsonelly appeared 5COTT A. RIES and NELLIE K. RIES, HUSBAND AND WIFE, to
<br />me known to be the individuals described in and who executer) the Deed of Trust, and acknowledged that they signed the Deed of Trust as
<br />their free and voluntary act and docd, for the usNS an ur roses
<br />y ~ ~p f therein mentioned.
<br />Given under m hand and official seal this day of ~ ~ , 20 / (~ .
<br />/I f a
<br />By ..... ,,~, ~'
<br />:.
<br />e~1~wr•~ar~a -
<br />~ ~ ~~~ Notary Puhlic in and for the State of ~ ~-~~~,L
<br />~/~ _-
<br />rit111M11. 2~,~1~ Residing at - !„lv..r.,._~~ ~~firns~q
<br />...........
<br />4f~a.-- --- ~---- ----
<br />My commission expires - - ~,- .~ ~' ~~~
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