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DEED OF TRUST (Continued) 200007914 page 6 Governing Lew. This Deed of Trust wIN be governed by, construed and enforced In accordance with federal law and the laws of tie Stale of Nebraska. This Dead of Trust has been accepted by tender In tine Stab of Nebraska. Jolyd and Several LlabNity. AN obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This means that each Borrower and Trustor signing below is responsible for all obligations in this Deed of Trust. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver Is given in writing and signed by Lender. No delay or omission on the part of Lender In exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future transactions. Whenever the consent of Lender Is required under the Dead of Trust, the granting of such consent by Lender in any Instanoe shall not constitute continuing consent to subsequent Instances where such consent is required and in all cases such consent may be granted or withheld in the sob discretion of Lender. SeverablNty. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision Illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the Illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect its legality. vaNdily or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated In this Deed of Trust on transfer of Trustor's Interest, this Deed of Trust shad be binding upon and Inure to the benefit of its parties, their successors and assigns. if ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustoes successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence In the performance of this Deed of Trust. Waiver of Momesbsd Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shad have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shad include the plural, and the plural shall Include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shad have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary' means United Nebraska Bark, and its successors and assigns. Borrower. The word Borrower" means RUDOLF F PLATE and TIM C PLATE, and all other persons and entities signing its Note in whatever capacity. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all assignment and security Interest provisions relating to the Personal Property and Rents. Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human head or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. 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 section of this Deed of Trust. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without Imitation a guaranty of all or part of the Note. Hazardous Substances. The words 14azardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or Infectious characteristics. may cause or pose a present or potential hazard to human health or the environment when Improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Flazardous Surbstan oW are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Iiazardous Substances" also includes, without Imitation, petroleum and petroleum by- products or any *action thereof and asbestos. Improvements. The word "Improvements" means d existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest" and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses Incurred by Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with Interest on such amounts as provided In this Deed of Trust. Lander. The word "Lender'" means United Nebraska Bank, Its successors and assigns. Note. The word "Note" means the promissory note dated September 21, 2000, in the original princ4W amount of $25,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory rote or agreement. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and ad substitutions for, any of such property; and together with all proceeds (including without Imitation all Insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word " Property" means collectively the Real Property and the Personal Property. Rest Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness. Rants. The word 'Hants" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means United Nebraska Bank, whose address is 700 N. Webb, Grand Island, NE 68802 and any substitute or successor trustees. Trustor. The word "Truster"' means RUDOLF F PLATE, TIM C PLATE and JEANNICE R PLATE.