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201400872
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br /> exemption laws of the State of Nebraska as to all 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 Trust.
<br /> Unless spec�cally stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United
<br /> States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as
<br /> the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to
<br /> such terms in the Uniform Commercial Code:
<br /> Beneficiary. The word"Beneficiary"means UMB BANK,n.a.,and its successors and assigns.
<br /> Borrowers. The word "Borrowers" means Bosselman Administrative Services, Inc„ Bosselman Pump & Pantry, Inc.,
<br /> Bosselman Travel Centers, Inc., Bosselman Motels, Inc. and Boss Truck Shops, Inc.and includes all co-signers and co-
<br /> makers signing the Note and each of their respective successors and assigns.
<br /> Credit Agreement. The words"Credit AgreemenY'mean that certain Amended and Restated Credit Agreement dated of
<br /> even date herewith among Borrowers and Lender,as the same may be hereafter amended,mod�ed or restated.
<br /> Deed of Trust. The words"Deed of TrusY'mean this Deed of Trust among Trustor, Lender, and Trustee, and includes
<br /> without limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br /> Default. The word"DefaulY'means the Default set forth in this Deed of Trust in the section titled"DefaulY'.
<br /> Environmental Laws. The words"Environmental Laws"mean any and all state,federal and local statutes, regulations
<br /> and ordinances relating to the protection of human health or the environment, including without limitation the
<br /> Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section
<br /> 9601, et seq. ("CERCLA"),the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499("SARA"),
<br /> the Hazardous Materials Transportation Act,49 U.S.C. Section 1801,et seq.,the Resource Conservation and Recovery
<br /> Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant
<br /> thereto.
<br /> Event of Default. The words"Event of DefaulY'mean any of the events of default set forth in this Deed of Trust in the
<br /> 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 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 hazard to
<br /> human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
<br /> transported or otherwise handled. The words"Hazardous Substances"are used in their very broadest sense and include
<br /> without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the
<br /> Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-
<br /> products or any fraction thereof and asbestos.
<br /> Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile
<br /> homes a�xed on the Real Property,facilities,additions,replacements and other construction on the Real Property.
<br /> Indebtedness. The word "Indebtedness" means the indebtedness evidenced by the Note or Related Documents,
<br /> including all principal and interest together with all other indebtedness and costs and expenses for which Trustor is
<br /> responsible under this Agreement or under any of the Related Documents and (a)the payment of Trustor's obligations
<br /> (whether joint, several or otherwise) to Lender as evidenced by any other note(s) or other evidence of indebtedness
<br /> executed by such Trustor and all amendments, modifications, renewals, extensions and substitutions thereof and all
<br /> subsequent notes of greater or lesser amounts payable or assigned to Lender; (b) the performance of each Trustor's
<br /> obligations under this Deed of Trust and(c)the payment of any and all other indebtedness,direct or indirect, mature or
<br /> unmatured or contingent, joint or several now or hereafter owed to Lender by Borrowers or any one or more of them,
<br /> including (without limitation) indebtedness unrelated or dissimilar to any indebtedness in existence or contemplated by
<br /> any Borrower at the time this Deed of Trust was executed or at the time such indebtedness is incurred.
<br /> Lender. The word"Lender"means UMB BANK,n.a.,its successors and assigns.
<br /> Note. The word "Note" means the promissory notes dated December 31, 2013, II7 the original principal
<br /> amounts of $12,000,000.00 and $8,000,000, respectively, from Trustor to Lender, together with all
<br /> renewals of,extensions of,mod�cations of, refinancings of, consolidations of,and substitutions for the promissory notes
<br /> or agreement.
<br /> Personal Property. The words"Personal Property"mean all equipment,fixtures,and other articles of personal property
<br /> now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all
<br /> accessions, parts,and additions to, all replacements of, and all substitutions for, any of such property; and together with
<br /> all proceeds (inGuding without limitation all insurance proceeds and refunds of premiums) from any sale or other
<br /> disposition of the Property.
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<br /> Deed of Trust
<br /> 2013-260
<br /> WA 4801782.1
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