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DEED OF TRUST � <br />(Continued) 2 010 0 9'7 8 0 Page 6 <br />Borrower. The word "Borrower" means Dawn M. Peard 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 Environmen#al <br />Responsa, Compensation, and Liability Act of 1980, as amended, 42 U.S.G 5ection 9801, et seq. ("CERCLA"►, the 5uperfund <br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"1, the Hazardous Materials Transportation Act, 49 U.5.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 pursuent thereto. <br />Event nf 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 pf this Deed of Trust. <br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or eccommodation party to Lender, including <br />without limitation a guaranty of all or part of the Note. <br />Hazardous Suhstances. The words "Hazardous Substances" mean materials that, because vf their quantity, enncentration or <br />physical, chemical or infectious characteristics, may cause or pose a prasent 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 />Impravemants. The word "Improvements" means all existing and future improvements, 6uildings, structures, mo6ile homes aftixed on <br />the Real Proper#y, facilities, additions, replacements and other construction on the Real Property. <br />Indehtedness. 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 Ralated 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 empunts as provided in this <br />Deed of Trust. 5pecifically, 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 Deed <br />pf Trust. <br />Lender. The word "Lender" means Bank of Clarks, its successors and assigns. The words "successors or assigns" mean any person <br />or company that acquires any interest in the Note, <br />Note. The word "Note" means the promissory note dated December 23, 2010, 111 thA original prI1lCl�al ar110unt of <br />$7$,000.00 frvm 7rustor to Lender, together with all renewals of, extensions of, modifications of, rafinancings of, consnlidations <br />of, and substitutions for the promissory note or agreement. 7he maturity date of this beed of Trust is June 30, 2011. <br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other erticlas of personal property now or <br />hereafter owned by 7rustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, end <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 dispnsition of the Property. <br />Property. The word "Property" means collectively the Real Property and the Persnnal 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 bocuments" mean all promissory notes, credit agreements, loan agreements, environmental <br />agreements, guaranties, security agreemants, mortgages, deeds of trust, security deeds, collateral mprtgages, and all other <br />instrumants, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtednass. <br />Rents. 7he word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and nther benefits derived <br />from the Property. <br />Trustee. The word "Trustee" means 6ank of Clarks, whose address is 301 N. Green, p,0. Box 125, Clarks, NE 68628-0125 and any <br />substitute or successor trustees. <br />Trustor. The word "Trustor" means bawn M. f'eard. <br />OWLEDGES�,�ING READ ALL THE PROVISIONS OF THIS bEEp bF TRUST, AND TRUSTQR AGREES 70 ITS TERMS. <br />TOR <br />X <br />INDIVIDUAL ACKNOWLEDGMENT <br />STATE OF ���b1'�,�rj �_ <br />CDUNTY OF ��ll_ <br />) 5S <br />On this day before me, the undersigned Notary Public, personally appeared Dawn M. Peard, to me known to be the individual descri6ed in <br />and who executed the Deed of Trust, and acknowledged that he or she signad the Deed of Trust as his or her free and voluntary act and <br />deed, for the uses and purposes therein mentioned. R Q <br />Glven under my hand and official seal this � day of '� ����'1') �/�J ,�20 �U . <br />GENERAL NOTARY - 5tate of Nebraska <br />ELIZA6ETH A GARDUNO <br />My Comm. Exp. March 2, 2013 <br />ay <br />Notary Publi d for the State of <br />Residing at <br />My commission explres <br />