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Loan No: 1364512 DEED TRUST 200107119
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<br />shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be
<br />granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any
<br />person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or
<br />circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the
<br />offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />illegality, invalidity, or unenforceability, of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other
<br />provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be
<br />binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person
<br />other than Trustor, Lender, without ngtice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the
<br />Indebtedness by way of forbearance or extension without Ireleasing Trustor from the obligations of this Deed of Trust or liability under the
<br />Indebtedness.
<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 releases and waives all rights and benefits of the homestead exemption laws of the State
<br />of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />Trustor's Liability. This Deed of Trust is executed by Trustor, not personally but as Trustee as provided above in the exercise of the power
<br />and the authority conferred upon and vested in it as such Trustee (and Trustor thereby warrants that it possesses full power and authority to
<br />execute this instrument), and it is expressly understood and agreed that nothing in this Deed of Trust or in the Note shall be construed as
<br />creating any liability on the part of Trustor personally to pay the Note or any interest that may accrue thereon, or any other Indebtedness
<br />under this Deed of Trust, or to perform any covenant either express or implied contained in this Deed of Trust, all such liability, if any, being
<br />expressly waived by Lender and by every person now or hereafter claiming any right or security under this Deed of Trust, and that so far as
<br />Trustor and its successors personally are concerned, the legal holder or holders of the Note and the owner or owners of any Indebtedness
<br />shall look solely to the Property and to other assets of the Trust or to any collateral for this loan for the payment of the Note and
<br />Indebtedness, by the enforcement of the lien created by this Deed of Trust in the manner provided in the Note and herein or by action to
<br />enforce the personal liability of any guarantor, co-borrower, cosigner, or any other obligor.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically
<br />stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms
<br />used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise
<br />defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means United Nebraska Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means CLARK A GAUTHIER LIVING REVOCABLE TRUST DATED MARCH 1, 2000; and STEPHANIE R
<br />GAUTHIER LIVING REVOCABLE TRUST DATED MARCH 1, 2000, and all other persons and entities signing the Note in whatever capacity.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all
<br />assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default ".
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response,
<br />Compensation, and .Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ( "CERCLA "), the Superfund Amendments and
<br />Reauthorization Act of 1986, Pub. L. No. 99-499 ( "SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations
<br />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 the events of default
<br />section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Deed of
<br />Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without
<br />limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
<br />chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly
<br />used, treated, stored, disposed of, generated, manufactured, transported or otherwise h8ndled. The words "Hazardous Substances" are
<br />used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by
<br />or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum
<br />by- products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the
<br />Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or
<br />Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related
<br />Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or
<br />Lender to enforce Trustor's 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 United Nebraska Bank, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated June 29, 2001, in the original principal amount of $51,000.00 from
<br />Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the
<br />promissory note or agreement.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
<br />owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
<br />replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance
<br />proceeds and refunds of 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 Deed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
<br />agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the
<br />Property.
<br />Trustee. The word 'Trustee" means United Nebraska Bank, whose address is 700 N. Webb, Grand Island, NE 68802 and any substitute or
<br />successor trustees.
<br />Trustor. The word 'Trustor" means CLARK A GAUTHIER LIVING REVOCABLE TRUST DATED MARCH 1, 2000; and STEPHANIE R
<br />GAUTHIER LIVING REVOCABLE TRUST DATED MARCH 1, 2000.
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