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~~, ~. t <br />DEED OF TRUST <br />(Continued) <br />Page 6 <br />Beneficiary. The word "Beneficiary" means Platte Valley State Bank & Trust Company, and its successors and assigns. <br />Borrower. The word "Borrower" means Janis K. Garrett 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. ("CERCLA"), the Superfund <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 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 />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this <br />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 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-products 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 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 limitation, Indebtedness includes the future advances set forth in the Future Advances provision <br />of this Deed of Trust, together with all interest thereon. <br />Lender. The word "Lender" means Platte Valley State Bank & Trust Company, its successors and assigns. The words "successors or <br />assigns" mean any person or company that acquires any interest in the Note. <br />Note. The word "Note" means the promissory note dated July 8, 2010, in the original principal amount of $17,550.00 <br />from Trustor to Lender, together with all renewals of, extensions af, modifications of, refinancings of, consolidations of, and <br />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 of, and ali substitutions for, any of such property; and together with all proceeds (including without <br />limitation all insurance prooeeds 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 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 Platte Valley State Bank & Trust Company, whose address is 2223 2nd Ave, Kearney, NE <br />68848 and any substitute or successor trustees. <br />Trustor. The ward "Trustor" means Janis K. Garrett. <br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THI5 DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS. <br />TRUSTOR~~'"~~ <br />,~ -. <br />a rett <br />INDIVIDUAL ACKNOWLEDGMENT <br />STATE OF 1 vt%~!"~S~ ~ ~ ) <br />SS <br />COUNTY OF / 1 ~ _ ) <br />On this day before me, the undersigned Notary Public, personally appeared Janis K. Garrett, a Single Person, to me known to be the <br />individual described in and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his ar her free <br />and voluntary act and deed, for the uses and purposes therFin mentioned. <br />Glven under my hand and afficlal seal this ~ `~' day of ~ ~ rti.~U , 20~. <br />201005045 <br />Notary Public in and for the State of <br />~ GENERAL NCTARY- State of Nebraska Residing at <br />KIRK E. MpURAL My commission expires <br />- My Comm. Exp. Nov. 5, 2~i2 <br />