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DEED OF TRUST 2 0110 816 5
<br />Loan No: 1 TO$9'183 (Continued) Page 7
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />' Waiver of Homestead Exemption. Trustor hereby raleases and waives all rights and benefiis of the homestead
<br />exemption laws of the State of Nebraska as to aII Indebtedness secured by this Deed of Trust
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used'in this Deed of
<br />Trust. Unless specifically stated to the contrary, all references to dollar amounts shatl meah amounts in lawful money
<br />of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall
<br />include the singular, as the context may require. Words end terms not otherwise defined in this Deed of Trust shell
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Platte Valley State Bank & Trust Company, and its successors and
<br />assigns.
<br />Borrower. The word "Borrower" means The Pivot Man, Inc; and Richard Frazer Raffaeli and includes all co-signers
<br />and co-makers signing the Note and all their successors and assigns.
<br />Deed of Trust. The words "Deed.of TrusY' mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br />includes witJ�out limitation all assignment and security interest provisions relating to the Personal Property end
<br />Rents.
<br />Default. The word "Default" means the Default set fonh in this Deed of T,r4�st,in_the section titled "Default".
<br />Environmental Laws. The words "Environmental Laws'� 7nean any and aIl st�Y�; ��Fed�ral 8nd local statutes,
<br />regulations and ordinances relating to the protection o h�an 1's'�afth a f�r" CN�� environment,fi including without
<br />limitetion the CortSprehensive Environmental Response, Co�p���tid�.'r�N� I' �tKof 1:9$0, as amended, 42
<br />U.S:C. Section.9601, et seq. ("CERCLA"1, the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"1, the Hazardous Meterials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation end Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules,
<br />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
<br />the events of default section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party.to
<br />� Lender, including without limitation a gua�anty of all'or part of.the Note.
<br />Hazardous Substances. :The words "Hazardous Substances" meart materials that, because� of their quantity,
<br />concentretion or physical, chemical or infectious characteristies, may cause or pose a preaent or potential hazard
<br />to human health or the environment when improperly used treated, stored, disposed af, generated, manufactured,
<br />transported or otherwise handled. The words "Hazardous Substances" are used in their very broadast sense and
<br />include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
<br />under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
<br />petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
<br />Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
<br />consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
<br />Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's
<br />obligations under this Deed of Trusi, together with interest on such amounts as provided in this Deed of Trust.
<br />Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances
<br />provision 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 October 26, 2011, in the original principal
<br />amount of 5215,239 from Borrower to Lender, together with all renewals of, extensions of, modifications
<br />of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
<br />property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property;
<br />together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
<br />p'roperty; and fogether with all proceeds (including without limitetion all insurance proceeds and � refunds of
<br />premiumsj from any sale or other disposition of the Property.
<br />p. y. p y" collectively the Real Property and the Personal Property. ...
<br />Pro ert The word "Pro ert means
<br />Real Property. The words "Real Property" mean the real property, interests and rights; as further described in this
<br />Deed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br />agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, and all other instruments, agreements and documents, whethar now or hereafter
<br />existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
<br />other benefits derived from the Property.
<br />Trustee. The word "Trustee" means Platte Valley State Bank & Trust Company, whose address is 810 Allen Dr,
<br />Grand Island, NE 68803 and any substitute or successor trustees.
<br />Trustw. The word-"�rustor"- means Richard-Fraze� Fiaf#asli. --• -
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR
<br />AGREES TO ITS TERMS.
<br />TRUSTOR:
<br />X
<br />R' hard zer Raffaeli
<br />. .r
<br />
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