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DEED OF TRUST 200306838 <br />(Continued) Page 7 <br />writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up Mat right. If Lender does agree in <br />writing to give up one of Lender's rights, that does not mean Trustor will not have to comply with the other provisions of this Deed of Trust. <br />Truster also understands that if Lender does consent to a request, that does not mean that Trustor will not have to get Lantana consent <br />again If Me situation happens again, Trustor further understands that just because Lender consents to one or more of Tmstor's requests, <br />Mat does not mean Lender will be required to consent to any of Trustor s future requests. Trustor waives presentment demand for payment, <br />protest, and notice of dishonor. <br />Severabllity. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, Mat fact by itself will not mean <br />Mat Me rest of this Dead of Trust will rot be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Deed of Trust <br />even if a provision of this Deed of Trust may be found to be invalid or unenforceable. <br />Successors and Assigns. Subject to any limitations stated In this Dead of Trust on transfer of Trustor's interest, this Deed of Trust shall ba <br />binding upon and Inure to Me benefit of the parties, Moir successors and assigns. If ownership of the Property becomes vested in a person <br />other than Trustor, Lender, without notice to Trustor, may deal with Truster's successors with reference to this Deed of Trust and the <br />Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the <br />Indebtedness. <br />Time Is of the Essence. Time is of Me essence in the performance of this Deed of Trust. <br />Walver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of Me homestead exemption laws of the State <br />of Nebraska as to all Indebtedness secured by this Dead of Trust. <br />DEFINITIONS. The following words stall have the following meanings when used in this Dead of Trust; <br />Beneficiary. The word "Beneficiary" means State Farm Bank, F.S.B., and its successors and assigns. <br />Borrower. The word "Borrower" means PAMELA J ROPTE and RUSSELL D ROPTE, and all other persons and entities signing Me Credit <br />Agreement. <br />Credit Agreement. The words "Credit Agreement" mean Me credit agreement dated May 9, 2003, With Credit limit of $201000.00 <br />from Trustor to Lentler, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for <br />the promissory note or agreement. The maturity date of this Deed of Trust is May 9, 2010, NOTICE TO TRUSTOR: THE CREDIT <br />AGREEMENT CONTAINS A VARIABLE INTEREST RATE. <br />Deed of Trust. The words "Dead of Trust" mean this Deed of Trust among Trustor, Lentler, and Trustee, and includes without limitation all <br />assignment and security interest provisions relating to the Personal Property and Rents. <br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances <br />retailing to the protection of human health or the environment, including without limitation the Comprehensive Environmer l Response, <br />Compensation, and Liability Act of 1980, as amended, 42 1 Section 9601, at seq. ( "CERCLA "), Me Supeffund Amendments and <br />Reauthorization Act of 1986, Pub. L No 99499 ( "SARA"), Me Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., Me <br />Resource Conservation and Recovery Act, 42 U.S C, Section 6901, at seq., or offer applicable state or federal laws, rules, or regulations <br />adopted pursuant thereto. <br />Event of Default. The words "Event of Default" mean any of Me 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 describetl in the Existing Liens provision of Mis Dead of <br />Trust. <br />Hazardous Substances. The words ' Hazardous Substances" mean materials that, because of their quantdy, 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 handled. 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 Mareof 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 Credit <br />Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for Me <br />Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge Trustor s obligations or expenses <br />incurred by Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided <br />in this Deed of Trust. <br />Lender. The word "Lender' means State Farm Bank, F.S .R. its successors and assigns. The words "successors or assigns" mean any <br />person or company that acquires any interest In the Credit Agreement. <br />Personal Properly. 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 Me Real Property; together will 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 wortls "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental <br />agreements, guaranties, security agreements, modgages, 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 />