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� ' � , 20110920'� <br />DEED OF TRUST <br />Loan No: 101246956 (Contlnued) Page 9 <br />Borrower. The word "Borrower" means Danny Dishman, Jr; and Nicole Dishman and includes aIl co-signers and <br />co-makers 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 <br />includes without limitation all assignment and security interest provisions relating to the Personal Property and <br />Rents. <br />Environmerrtal Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, <br />regulations and ordinances relating to the protection of human health or the environment, including without <br />limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 <br />U.S.C. Section 9601, et seq. ("CERCLA"), the SuperFund Amendments and Reauthorization Act of 1986, Pub. L. <br />IVo. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource <br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, <br />or regulations edopted 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 />Guararrty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to <br />Lender, including 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, <br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazerd <br />to human health or the environment when improperly used, treated, stored, disposed of, genereted, manufactured, <br />transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense end <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 />payabie 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. i�curred . by �Trustee or ,Lender to enforce Trustor's <br />obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. <br />Lender. The word "Lender" means Five Points Bank, its successors and assigns. The words "successors or <br />assigns" mean any person or company that acquires any i�tecest irtthe=Note. -_ <br />Note. The word "Note" means the promissory note dated November 29, 2011, In the original princip�l <br />amount of $130 ,000.00 from Trustor 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 hereaiter attached or affixed to the Real Property; <br />together with ail accessions, parts, and additions to, all replacements of, and alt substitutions for, any of such <br />property; and together with all proceeds lincluding without limitation all insurance proceeds end refunds of <br />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 <br />Deed of Trust. <br />Related Documerrts. 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, whether 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 Five Points Bank, whose address is P.O Box 1507, Grand Island, NE <br />68802-1507 and eny substitute or successor trustees. <br />Trustor. The word "Trustor" means Danny Dishman, Jr; and Nicole Dishman. <br />