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. . ' ' , ' .a � <br />DEED OF TRUST 2 O 10 U 8 2 5 4 <br />(Continued) <br />limitation all assignment and security interest provisions relating to the Personel Property and Rents. <br />Default. 7he word "Default" means the Default set forth in this Deed of Trust in #he section titled "Default". <br />Page 6 <br />Environmenta) Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances <br />relating ta the protection of human health or the environment, including without limitation the Comprehensive �nvironmental <br />Response, Compensation, and Liability Ac# nf 1980, as amended, 42 U.S.C. Section 9801, st seq. ("CERCLA"►, #he Superfund <br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"►, the Hazardnus Materiala Transportation Ac#, A9 U.S.C.. <br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. 5ection 6901, et seq., or other applicable state or <br />federal laws, rules, or regulations adopted pursuant thereto. <br />Event of qefauk. 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 />Guarantor. Tha wprd "Guarantor" means any guerantor, surety, or accommodation party of any or all of the Indek�tedneas. <br />Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part af <br />the Npte. <br />Hszardaus Substences. 7'he words "Hazardous Substences" msen materials that, beceuse 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 envirnnman# <br />when impraperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise hendled. The words <br />"Hazardous Substances" are used in their very braadast sensa and includa without limitation any and ell 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 />Imprdvements. The word "Improvements" means sll axisting and future improvements, buildings, structures, mobile homes affixed on <br />the Real Property, facilities, additions, replacements and other construction on the Real Property. <br />Indebtednesa. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses peys6le under the Note <br />or Related C7ocuments, together with all renewals of, extensions of, modificativns of, consolidations of and substitutions for the Note <br />or Related Documents and any amounts expended or advanced by Lender tn discharge Trustor's obligations or expenses incurred by <br />7rustae or Lander ta enforce Trus#or's obligations under this Deed of Trust, together with interest on such amounts as provided in this <br />Deed of Trust. <br />l.ender. The word "Lender" means Platte Vallay State Bsnk & Trust Company, its successors and assigns. <br />Note. The word "Note" means the promisaory note dated Octaber 29, 2010, 111 th@ 01'Ig117a1 principal AfnOUrlt Df <br />$1$$,�nQ.�d from Trustor to Lender, togather with ell renewals of, extensions of, modifications of, refinancings of, cnnsolidations <br />nf, end substitutions for the promisspry note or agreement. <br />Personal Property. The words "f'ersonal Property" mean all equipment, fixtures, and other articles of personal proparty now or <br />hereefter owned by Trustar, �nd npw or hereafter attached or affixed to the Real Property; together with all accessipns, 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 insurance proceeds and refunds of premiums) from any sale or other dispositian of the Property. <br />Property. The word "Property" means collectively the Real Property and the Perspnal Property. <br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. <br />Relnted Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, anvironmantal <br />agreements, guaranties, security agreements, mortgages, deeds of trust, aecurity deeds, calleterel mortgages, end all other <br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. <br />� Hents. 7he word "Rents" means all present and future rents, revenues, incpma, issues, rpyalties, profits, and other benefits derived <br />from the Praperty. <br />Trustea. Tha wprd "Trustee" meens Plette Velley State Bank & Trust Company, whose address is 810 Allen Dr, Grand Island, NE <br />68803 and any substitute nr successor trustees. <br />' Trustar. The word "Trustor" meens Triangle Plaza, LLC. <br />7'RUS70R ACKNOWLEqGES HAVING R�AD ALL 7HE PRQVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES 70 17S TERMS. <br />TRUSTOR: <br />TRIANGLE PLAZA, LLC <br />By: COPY L�-� �• !�/t c_(!�,�rr�, �.- <br />Donald J. Hoeller, Manager of l�riangle Plaza, LLC <br />By: COPY � v ��-r� <br />8ernadette V. Hoeller, Manager of Triangle Plaza, LLC <br />LIMITED LIABILITY COMPANY ACKNOWLEDGMENT <br />STATE OF � 15� V 1s� � y� <br />COUN7Y OF 'v " 1 � �" �'�� �`^� <br />) SS <br />On this � day af N V v�►`��Y�� , 20 �, before me, the undersigned Notery Public, <br />personally appeared Dpnald J. Hoeller, Manager of Triangle Plaza, LLC and Bernedette V. Hoeller, Msnsger of Triangle Plaza, LLC, and <br />known tn me to be members or designated agents of the limited liability company that executed the Deed of Trust end acknowledged the <br />Deed of Trust to be the free and voluntary act and deed of the limited liability company, by euthority of statute, hs articles of organization <br />or its o�e�;��� for the uses and purposes therein mentioned, end on oath stated that they are authorized to execute this Deed <br />of 7[�ti� a'�y+in�:��g�,��gcuted the Deed of Trust on behalf of the limited liebility company. <br />�1'T "r �1 . �r :�;�9 <br />� �` <br />:s �� � i,� ,�'. r• B <br />� �� Notary Public in and for the State of � � <br />' T�tE�E�t� � ,�. ';' <br />' '°`'Z ° liesiding at �� O �`� � <br />� � J�Su�-1N:� <br />� My commission expires s � <br />r��� J f T ���� `�. �,:- <br />'���7'�'�.��..�i r... �,�l�i.�y`��`1' -A'' <br />