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DEED OF TRUST <br />(Continued) 2 01101$ 3� 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 King Builders, Inc 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 />Default. The word "Default" means the Default set torth 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 heaith 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"1, the Superfund <br />Amendments and Reauthorization Act of 19$6, 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 />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, buitdings, 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 payabie under the fVote <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. <br />Note. The word "Note" means the promissory note dated March 8, 2011 in the original principal amount of $52 ,000.00 <br />from Trustor to Lender, together with all renewals of, extensions of, 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 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 "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 810 Allen Dr, Grand Island, NE <br />68803 and any substitute or successor trustees. <br />Trustor. The word "Trustor" means King Builders, Inc, <br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS. <br />TRUSTOR: <br />KING BUILDE INC <br />/ <br />By: �/.. <br />J on D King, President o ing Builders, Inc <br />CORPORATE ACKNOWLEDGMENT <br />� <br />STATE OF r(�L�-' 1 <br />�� /� � 1 SS <br />COUNTY OF ��L-�� 1 <br />On this J day of" /�� (�:,L�1 , 20 � , before me, the undersigned Notary Public, <br />personally appeared Jason D King, President of King Builders, Inc, and known to me Yo be an authorized agent of the corporation that <br />executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed of the corporation, by authority <br />of its Bylaws or by resolution of its board of directors, for the uses and purposes therein mentioned, and on oath stated that he or she is <br />authorized to execute this Deed of Trust and in fact executed the Dee Tru on behalf of the corpora 'on. ��`' <br />� <br />GF�+►EAAL NOTARY - State of Nebrask2 Notary Public in and r the State o <br />� KATHRYN KLUSKA Residing at . � � � <br />� �m. �xp. Aug.1, 2014 <br />-- My commission expires b/ i <br />