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<br />` � . � ` DEED OF TRUST t � ry
<br />Loan I�o: 35177 f (Continued) / O 11 O 4 O� I page 6
<br />State of Nebreska as to all Indebtedness secured by thts Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts ln lawful money of the United States of America.
<br />Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. . Words
<br />and terms not otherwise defined in this Deed of Trust shall have the meanings ettributed to such terms in the Uniform Commercial Code: '
<br />Beneficiary. The word "Beneficiary" means HASTINGS STATE BANK, and its successors end assigns.
<br />Borrower. The word °Borrower" means JONATHAN M SMITH and MELANIE A SMITH and includes all co-signers and co-makers
<br />signing the Note and all their 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 essignment and security interest provisions relating to the Personal Property and Rents.
<br />Def.ault. The word "Default" means the Default set forth 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 health or the environment, including without limitation the Comprehenslve Environmental
<br />Response; Compensation, and Liability �Oct of 1980, as amended, 42 U.S.C. Section 9601, et seq. (°�ERCLA°), the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L No. 99-499 ("SARA"1, 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 pursuent thereto.
<br />Event of Default. Tha 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 psrty to Lender, including
<br />without limitetion a guaranty of all or part of the Note.
<br />Hazerdous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause or pose e present or potential hazard to human health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufectured, transported or otherwise hendled. 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 end-asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, struotures, mobile homes 8ffixed on
<br />the Real Property, facilities, additions, replacements end other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principal, inferest, end other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewals of, extensions of, modificetlons of, consolidetions of and substitutions for the Note
<br />or Related Documents end any amounts expended or advanced by Lender to diacharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligations under thia Deed of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust.
<br />Lender. The word °Lender" means HASTINGS STATE BANK, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated April 15, 2011 in the original principal amount of 5249 ,873.99
<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 effixed to the Real Property; together with all eccessions, parts, and
<br />additions to, all replacements of, and all substitutions for, any of such properry; and together with all proceeds (including without
<br />limitation ell insurance proceeds end refunds of premiums) from any sale or other disposition of the Property.
<br />Property. The word "Property° means collectively the Real Propeny and the Personel 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, end other benefits derived
<br />from the Property.
<br />Trustee. The word °Trustee° means HASTINGS STATE BANK, whose address is 530 N. BURLJNGTON, HASTINGS, NE 68901 and
<br />eny substitute or successor trustees.
<br />Trustor. The word "Trustor" means JONATHAN M SMITH and MELANIE A SMITH.
<br />EACH TRUST� ACKNOWLEDGES HAVING�AD ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO
<br />ITS TERMS./ / � �
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