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<br />DEED OF TRUST 2 � 1 Q O��� G
<br />(Continued) Page � 1
<br />Beneficiary. The word "Beneficiary" means Wells Fargo Bank, National Assaciation, and its successors and assigns.
<br />Borrowar. The word "Borrower" means Circle K Land & Cattle, Inc. and includas all co-signers and co-makers signing the Nate and all
<br />their successors and assigns.
<br />Deed of Trust. The words "deed of Trust" mean this Deed of Trust amang Trustor, Lender, and Trustee, and includes withput
<br />limita#ion all assignment and security interest provisions relating to the Personal Prnperty and Rents.
<br />Default. 7he word "Detault" means the Defeult set forth in this Deed of Trust in the section titled "Default".
<br />Environmental l.aws. The wprds "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />ralating to the protection of human health ar the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensatinn, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"1, the 5uperfund
<br />Amendments and Reautharizatipn Act of 1986, Pub. L. No. 99-499 ("SARA"1, the Hazardous Materials Transportation Act, 49 U.S.C.
<br />5action 1801, et seq., the Resource Conservatian and Recovery Act, 42 U.S.C. Sectian 6901, et seq., or other appliceble state or
<br />federal laws, rules, or ragulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of default se# forth in this Deed of Trust in the events of
<br />detault section of this Deed of Trust.
<br />Guarantor. l"he word "Guarentor" means any guarantor, surety, or accommpdation party of any or all of the Indebtedness.
<br />Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty pf all or part of
<br />the Note.
<br />Wazardaus Substances. The words "Hazerdous 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 envirnnment
<br />when improperly used, treated, stared, disposed of, generated, manufactured, transparted or otherwise handled. The words
<br />"Hazardaus 5ubstances" are used in their very broadest sense end include without limitation any and all hazardous or toxic
<br />substancas, materials or waste as defined by ar 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 Rea) Praperty, facilities, additions, replacements and other construction on the Real Property.
<br />Indehtedness. The word "Indebtsdness" means all principal, interest, and other amounts, casts and expenses payable under the Note
<br />nr Related Documents, togethar with all renewals of, extensions af, modifications of, consolidations of and substitutions for the Note
<br />or Related Documents and any amaunts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender ta enforce Trustor's obligations under this Deed af Trust, together with intsrest on such amounts as provided in this
<br />Deed of Trust. 5pecifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the
<br />Cross-Collaterelization provision of this Deed of Trust.
<br />Lender. The word "Lender" means Wells Fargo Bank, National Association, its successors and assigns.
<br />Note. The word "Note" means the pramissory note dated October 15, 2010, 111 the original principal amount Gf
<br />$$50,000.00 from Borrower tv Lender, together with all renewals pf, extensions of, modifications of, refinancings of,
<br />consolidations of, and substitutiana for the promissory note or agreement. The maturity date of this peed af Trust is November 1,
<br />2015.
<br />Personal Praperty. The words "Personal F'roperty" maan all equipment, fixtures, and ather articles of personal property now or
<br />hereafter owned by Trustor, and now or hereafter attached ar 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 all proceeds (including without
<br />limitation all insuranca proceeds and refunds of premiums) from any sale or other disposition of the Property.
<br />Property. The word "Property" means callectively 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 psed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, aecurity agreements, mortgages, deed5 of trust, security deeds, collateral mortgages, and all other
<br />instruments, agreements and documents, whether now ar hareafter existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, prpfits, and other benefits derived
<br />from the Property.
<br />Trustee. 7he word "Trustee" means Wells Fargo Financial Natipnal Bank, whose address is c/o Minneapolis l.oan Operations Centar,
<br />730 2nd Avenue South, Suite 1000, MAC # N9306-101�inneapolis, MN 55479 and eny substitute ar successor trustees.
<br />�x.anr,�. K. �.y
<br />Trustor. The ward "Trustor" means Jim E. Kuszak and 5us'art Kusza .
<br />EACH TRUSTOR ACKNOWLEDGES HAVINCa READ ALL 7HE PRQVISIONS OF TWIS DEED QF TRUST, AND EACH TRUSTOR AGRE�S TO
<br />IT$ TERMS.
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