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20Ip 2Q O 47 %EED OF TRUST
<br />Loan Na: 19253 (Continued) Page B
<br />State of Nebraska. This Deed of Trust has been accepted by Lender In the Slate of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Merrick County,
<br />State of Nebraska.
<br />John and Several Liability. All obligations of Borrower and Truster under this Dead of Trust shall be joint and several, and all references to
<br />Trustor shall mean each and every Truster, and all references to Borrower shall mean each and every Borrower. This means that each
<br />Bonower and Trustor signing below is responsible for all obligations in this Dead of Trust. Where any one or more of the parties is a
<br />corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to Inquire Into the powers of any of the
<br />of icam, directors, partners, members, or other agents acting or purporting to act on the entity's tonsil, and any obligations made or created
<br />In reliance upon the professed exercise of such powers shall be guaranteed under this Dead of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Dead of Trust unless such waiver is given in
<br />wrlfing and signed by Lender. No delay or omission on the pad of Lender In exercising any right shall operate as a waiver of such right or
<br />any other right. A waiver by Lender of a provision of this Dead of Trust shall not prejudice Or Constitute a waiver of Lenders right otherwise
<br />to demand strict compliance with that provision or any other provision of this Dead of Trust. No prior waiver by Lender, nor any course of
<br />dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Truster's obligations as to any future
<br />transactions. Whenever the consent of Lender is required under this Dead of Trust, the granting of such consent by Lender In any Instance
<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 />Severabiliry. If a court of competent jurisdiction finds any provision of this Deed of Trust to be Illegal, Invalid, or unenforceable as to any
<br />circumstance, that finding shall not make the offending prevision illegal, invalid, or unenforceable as to any other circumstance. If feasible,
<br />the offending provision shall be considered modified so that It becomes legal, valid and enforceable. If the offending provision cannot be so
<br />modified, It shall be considered deleted from this Dead of Trust. Unless otherwise required by law, the illegality, invalidity. or unenforceability
<br />of any provision of this Dead of Trust shall not affect the legality, validity or enforceability of any other provision of this Dead 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 notice to Trustor, may deal with Trusters 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 Beall Time is of the essence in the performance of this Dead of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waves all rights and benefits of the homestead exemption laws of the State
<br />of Nebraska as to all Indebtedness secured by this Dead of Trust.
<br />DEFINITIONS. The following capltalleed words and terms shall have the following meanings when used in this Dead 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 requlm. 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 Farmers State Bank, and Its successors and assigns.
<br />Borrower. The word "Borrower" means O U R Investments, L-C; Donald K Routh; and Susan K Routh, and all other persons and entities
<br />signing the Note in whatever capacity.
<br />Deed of Trust. The words Mal 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 Persona Property and Rents.
<br />Default. The word Vefaull" means the Default Set forth In this Deed of Trust in the section tired Maiault".
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulators 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, at seq. ( "CERCIA "), the Superfund Amendments and
<br />Reauthorization Act of 1986, Pub. L. No. 94 -499 ( "SAfWk the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at 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 Dead of Trust in the events of default
<br />section of this Deed of 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 pad of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
<br />chemical or infectious chamcterlsfics, 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 thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future Improvements, buildings, structures, motile homes affixed on the
<br />Real Property, facilities, additions, replacements and ether 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 Trusters obligations or expenses incurred by Trustee or
<br />Lender to enforce Truslor's obligations under this Dead of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br />Lender. The word "Lender" means Farmers Stets Bank, Its successors and assigns.
<br />Note. The word "Note" means the promissory note dated January 11, 2002, In the original principal amount of §127,000.00
<br />from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions
<br />for the promissory note or agreement.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other adicies of personal property now or hereafter
<br />owned by Trustor, and now or hereafter attached or eifued to the Real Property: together with all accessions, parts, and additions to, all
<br />replacements of, and all substitutions for, any of such properly; and together with all proceeds (including without limitation ail 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 Properly 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. Ivan agreement, 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 Farmers State Bank, whose address Is P. 0. Box 246, Silver Creak, NE 6SMS -0246 and any substitute
<br />or successor trustees.
<br />Trustor. The word 'Trustor' means 0 U R Investments, L-C.
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