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� � ��14�44�3 DE�❑ C]F T��1S1f 4�ont�nued� Pa�e � such consent is required and in afl cases such consent may be g�anted ❑r withheld in the sale discretion of Lender. 5everabi�ity, ff a court of �ompeten�jur�sdiction #inds any pro�ision of this [3eed �f Trust ta be ili�gaf, in�alid, ar unenforceable as to any circumstance, that finding shall nvt rr�ake the offending pro�ision if legaf, in�alid, ❑r unenfor�eable as ta any �ther c�r�umstance. !f �easible, the o��ending pro�isivn shafi he considered modi�ied so that it becomes legal, �alid and enfvrceable, lf the ❑ffending pra�ision cannot be so madi�ied, it shall be considered deleted fram �his Deed of Trust. Unless vtherwise required by faw, the il�egality, in�alidity, or unenforceability of any pra�ision ❑f this Deed of Trust shall not affiect the legality, �a�idity �r enfarceabiiity o� any �ther proW�sion❑f this I3eed af Trust, Successors and Assigns. Subject t❑ any limitations stated in this ❑eed o�Trusfi �n trans�er ❑f Trustor's interest, this Deed ❑f Trust sha�l be binding upon and inure to the bene�i� o� the parties, �heir successvrs and assigns. If ownership of the Prvperty becames �ested in a person o�her than Trustor. Lender, withau� notice tv Trustor, rr�ay deal with Trustar's suc�essors wi�h reference tv this f�eed of Trust and�he Indeb�edness hy way❑f forbearan�e or extensi�n without re�easing Trustar from the❑bligations of this Deed of Trust❑r[iahility under the Indebtedness. Time is vf the Essen�e. Ti�-ne is of the essenc� in the performanc�v�this Deed of Trust. 11Vai�er of Hvmestead Ex�mp�ivn. Trustvr hereby releases and wai��s ai� rights and benefits af the homestead exemption laws of the 5��te af N�:braska as tn ��d Indebtedness securec� by this ❑e�� f 7rust. DEFIN��'I�NS, The fo��owing capitalized words and terms shall ha�e the following meanings when used in this Deed of Trust. Ur�less specifica�[y sta��d t❑ the contrary, all references t❑ do��ar amvunts shaf� mean amounts �n lawful money flf the Uni�ed States of America. VIlards and terms us�d in the singu�ar shall include the plural, and the plural shall include the singu�ar, as the cnntext may require. Wnrds and terms nat otherwise defined in this ❑eed of Trust sha1� ha�e the meanings attributed to such terms in the Uniform Cvmmer�ial Code: Beneficiary. The word "gen��ciary" means �ank of C[arks, and i�s successvrs and assigns. Borrower. The vuard "Borrower" means RR&C, LLC and includes all �o-signers and co-makers signing�he Note and all their successvrs and assigns. Deed vf Trust. The words "Deed of Trus�" mean this Deed of Trust among Trustvr, Lender, and Truste�, and �ncludes without limi�ation all assignrr�ent and secur�ty interesfi pro�isions relating t❑ the Persona� Property and Rents. Default. The ward "De�ault" means the �efault set fiorth in this ❑eed ❑f Trust in the sectian tit(ed "De�aul�". En�ironmen#a[ �aws. The words "En�ironmentaf Laws" mean any and afl state, federal and iocal statutes, regulations and ordinances refating to the pr�tec�ion of human health ar the environment, including without limitatian the Comprehensi�� En�ironmentaf Response, �ompensation, and Liabifity Ac� of 198�, as amended, 4� U.S.C. Secxion 96a1, et seq. {"CERCLA"}, the Superfund Amendments and Reautharization A�� o� 198G, Pub. L. No. 99-499 �"SARA"�, the Hazardous Materials Transportation Act, 49 U.S.C. Sectian �8fl1, et seq., the Resource �onser�at�on and Reco�ery Act, 4,� U.S,C. Section 69Q1, et seq., ❑r ❑�her applicable state or federal la�vs, rules, or regufativns adopted pursuant thereto. E�ent of De�au�t. The words "E�ent❑f Default" mean any❑�the e�ents of default set forth in this Deed o�Trust in the e�ents of default sectian o�th�s Deed af Trust. . Guaranty. The word "Guaranty" means the guaranty from gua�antar, endorser, surety, or accommodation party t❑ Lender, including without limitatian a guaranty of all vr part❑f the Nv#e. H�zardous 5ubstances. The words "Hazardaus Substances" mean materials that, because of their quantity� con�entratia�� or phys��al, chemica� or infect��us characteristics, may caus� or pose a present or patential hazard �❑ human heafth ❑r the en�ironment trvhen impraperly used, treated, s�ored, disposed of, generated, manufa�tured, transported or �therwise hand[ed. The words "Hazardous 5ubstances" ar� used in their �ery broadest sense and include without limitation any and all hazardous ❑r toxic substances, materia[s ar waste as de�ined by or listed under the En�irvnmental Laws. The term "Hazardous Substances" also inciudes, w�thout limita�ian, petro[eum and pe�roleum by-pradu�ts ❑r any fractian thereof and as�estos. �mpro�emen#s. The word "[mprovements" means all existing and �uture �mpro�ements, bui[dings, structures, mohile hames a��ixed on the Real Prap�rty, �acifities, additions, rep�acements and ❑ther cvnstruction on fihe Real Prvperty. Indebtedness. The word "Indehtedness" means all principaf, interest, and other amounts, �osts and expenses payable under the No�e or Re�ated Do�uments, tvge�her with alf renewals of, extens�ons vf, modifications vf, consalidations ofi and substitutians �ar the Nvte ❑r Refa�ed Documents and any amoun�s expended o� ad�anced by Lender to discharge Trustor's ohligat��ns ❑r expenses incurred by Trustee or Lender to enforce �rustor's obiigati�ns under this [7eed of Trust, together with in�erest on such amounts as pro�ided in this ❑eed of Trus�. Specifically, wi�houfi limitatian, lndebtedness includes the futur� ad�anc�s set forth in the Fu�ure Ad�an�es pro�ision, together with a�� interest there�n and all amounts tha� may be indirectly secured by the Cross-�olfaterafizatian pra�isifln of this Deed af Trust. Lenc��r. The word "Lender" means 6ank��Clarks, its suc�essors and assigns. Note. The word "Note" means the promissory note dated July 1 fl, 2�14, in the ori�ina� principai amvunt of $46.�DD.�C� fr�m Trustor t❑ Lender, tag�ther with alf renewafs ❑f, extensions of, mvdi�icati�ns vf, refinancings vf, consalidations of, and substitutions for the promissory note ar agreemen�. The maturity date ❑f this Deed o�Trust is July 1�, 2n34. NC]T10E TQ TRUST�R: THE NOT'E C�NTAINS A VARIABLE INTEREST RATE. Persona� Prflper#y. The words "Personal Property" mean all equipment. fixtures, and ❑ther arti�fes of personal property now ❑r hereafter own�d by Trustor, and now ❑r herea�ter attached ❑r affixed to the Reaf Property; together with all accessions, parts, and additions to, a�i repfa�ements of, and all substitutions �vr, any of such property; and together w�th alf proceeds tincfuding withou� fimi�ation �If �nsurance �r�reP�s anr� fr.'�i�3^cs �f premiums} from any sale or o�her dispositian of�he Praperty. Property. The wo�d "Praperty" means collecti�ely the Real Property and the Personal Property. � Real Property. The words "Real Property" mean the real proper�y, interests and righ�s, as further described in�his Deed o�Trust. Re�ated Documenfis. The words "Refated Documents" mean all pr�missory notes, credi� agreer�ents, laan agreements, en�ironmen�a[ agreements. guaran�ies, security agr�ements. rr�vrtgages. d�eds of trust. security deeds, collateral mortgages, and all other instruments, agreements and dflcuments, whether now ❑r hereafter existing, executed in connect�on with the lndebtedness. Rents. The word "R�CltS�r means all present and �uture rents, re�enues, incame, issues, royalties, profits, and a�her benefits deri�ed from the Property. Trustee. The ward "Trus�ee" means Bank af Clarks, whase address is 3�1 N. Green, P.fl. Box 125, Clarks, NE �8628-��5 and any substitu�e or successor trustees. Trustv�. The word "Trus�or" means R�&C, LLC.