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200003689 21. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebt- edness or Obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any other agreement executed in connection herewith or any laws now or hereafter in force, notwithstanding some or all of the such indebtedness and Obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy provided under this Deed of Trust to Trustee or Beneficiary or to which either of them may be oth- erwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. 22. 'Transfer of i the Property. If all or any part of the Property or interest therein is sold, transferred or otherwise conveyed by Trustor with- out Beneficiary's prior written consent (excluding (a) the creation of a purchase money security interest for household appliances, (b) a transfer by devise, descent or by operation of law upon the death of a joint tenant or (c) the granting of any leasehold interest of three (3) years or less which does not contain an option to purchase), such action is an event of default under this Deed of Trust. 23. Warranty and Indemnification Regarding Hazardous Substances. 'Trustor warrants to Beneficiary and Trustee that the Property is free and clear of all hazardous substances and there are no claims or allegations of the existence of such hazardous substance in or on the Property, and there does not now exist any claim for expenses, costs, damages, or losses related to said hazardous substance or the cleanup of such substances. Trustor agrees to indemnify and hold Trustee and Beneficiary harmless from any and all claims, suits, losses, damages or exper:aes whatsoever, on account of injuries or death of any person, and all loss or destruction of, or damage to, the Property, and tiny and all eco- nomic losses, whether direct, indirect or consequential arising or growing out of, or in any manner connected with, the past, present or future presence of hazardous substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601 et. seq. as amended, or any other state or federal law now in existence or hereafter existing, relating to the Property. 'Trustor further agrees that it will appear and defend, at its own expense, in the name and on behalf of the Trustee or Beneficiary, all claims, actions or suits in whatever forum, in any matter arising or growing out of the alleged presence of any hazardous substance on the Property referred to herein and for which the 'Trustee or Beneficiary, or either of them is alleged to be liable. This indemnification shall survive payment in full of the Obligations. 24. Notices. Except for any notices, demands, requests or other communications required under applicable law to be given in another manner, whenever Beneficiary, Trustor or Trustee gives or serves any notice (including, without limitation, notice of default and notice of sale), demands, requests or other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall be in writing and shall be effective only if the same is delivered by personal service or is mailed by certified mail, postage prepaid, addressed to the address as set forth at the beginning of this Deed of Trust. Any party may at any time change its address for such notices by delivering or mailing to the other party hereto, as aforesaid, a notice of such change. Any notice hereunder shall be deemed to have been given to 'Trustor or Beneficiary, when given in the manner designated herein. 25. Request for Notice. Trustor and Beneficiary hereby request a copy of any notice of default and a copy of any notice of sale thereunder, whether such notice of default and notice of sale is given pursuant to the terms of this or any other deed of trust, be mailed to them at the address set forth in the first paragraph of this Deed of Trust for the Trustor and the Beneficiary. 26. Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. 27. Successors and Assigns. This Deed of Trust, and all terms, conditions and obligations herein, apply to and inure to the benefit of and bind all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named as Beneficiary herein. 28. Joint and Several Liability. All covenants and agreements of Trustor shall be joint and several 29. Severability. In the event any one or more of the provisions contained in this Deed of Trust, or the Note or any other security instruments given in connection with this transaction shall for any reason be held to be invalid, illegal or unenforceable in any respect,tsuch invalidity, illegal- ity, or unenforceability shall, at the option of Beneficiary, not affect any other provision of this Deed of Trust, but this Deed of Trust shall be con- strued as if such invalid, illegal, or unenforceable provision had never been contained herein or therein. If the lien of this Deed �f'Hust is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Property, the unsechred or partially secured portion of the debt shall be completely paid prior to the payment of the remaining an(] secured or partially secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure of other enforcement action or proce(ure,'shall be considered to have been first paid on and applied to the full payment of that portion of the debt which is not secured or not fully secured by the lien of this Deed of Trust. 30. Number and Gender. Whenever used herein, the singular number shall include the plural, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, Trustor has executed this Deed of'Trust as of the date and year first above written. State of _ WYomin ) as. County of Emulsifi Ash It terprisess_ LLC BY• enneth D, Freemole Manager The foregoing instrument was acknowledged before me on _ _ , 2000 _ byKPnnE,th T) , , •Manager of Emulsified Asphalt Enterprises, LLC_ �rPPmn]p r Pl�ana er Wyoming Limited Liability Company on behalf of said mean 1— NOTARY PU Notary Public BARRY G. WILL."s COUNTY OF NATRONA STATE OF WYOMING My commission expires.____.___.__ — e. ii Sara. 3. 2003