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200206320
<br />DEED OF TRUST
<br />Loan No: 773570 (Continued) Page 8
<br />shall be binding upon and inure to the benefit of the, parties, theirs and assigns. If ownership of the Property becomes
<br />vested In a person other than Tmstor, Lender, without notice to Trusture may deal with Truster'.s successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Truslor from the obligations of this Dead of
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the perform... oe of this Deed of Trait.
<br />Waiver of Homestead Exemption. Truster hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Draft of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America.
<br />Words and tones used in the eingelar shall include the plural, and the plural shall include the singular, as the context may inquire. Words
<br />and terms not otherwise defined In this Decd of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code,
<br />Beneficiary. The word "Beneficiary' means Five Points Bank, and its .....soon and assigns.
<br />Borrower. The word "Borrower" means R & T PROPERTIES, and all other persons and entities signing the Note in whatever capacity.
<br />Deed of Trust. The words "Deetl of Trust" mean this Used of Trust among Trustee, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default. The wrd "Default" me..ns the Default set forth in this Deed of Toast In the section titled "Default'
<br />Environmental Laws. The wards "Envlrmnnental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the a not, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Scotian 9601, st seq. ( "CERCLA "), the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub, L. No,99 -499 ( " SARA "I, the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conenrvatinn and Recovery Act, 42 U.S.C. Section 6901, of seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Dned of Trust in fie events of
<br />default si of u , of this Deed of Trust.
<br />Guaranty. The word "Guaranty" a s the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty of all or part of the Note.
<br />Hazardous $.be,...... The words "Hazardous Substances" mean materials that, because of their quantity, c s rim-linn n
<br />physical, chemical o infectious characteristics, may c or once a present or potential hazard to human health or the environment
<br />when improperly .sad, treated, stored, disposed of, ywpv,atydr n mfaraurad, transported or otherwise handled The words
<br />"Hazardous Substances" r a used in their very broads" s and Include without limitation any and all hazardous or toxic
<br />sub.lan.e., rp.lones n west. as earned! by or listed under the Environmental Laws. The term " Hazardous Substances" also
<br />includes, without limitation, pctmlemn and petroleum by- products r any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future heprovaeients, buildings, strrmtums, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness, The word " Indebtedncss" Tocaps all principal, interest, and other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewals of, extensions of, mndificatinns of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge Trusi obligations or expenses incurred by
<br />Trustee or Lender to enforce Truster's obligations under this Deed of Trust, together with Interest on such amounts as provided in this
<br />Dead of Trust.
<br />Lender. The wortl "Lender" means Five Perot, Bank, Its successors and assigns.
<br />Nate. The word "Nate" means the promissory note dated March 28, 2002, in the original principal amount of
<br />$175,051.00 from Borrower to Lender, together with all renewals of, extensions of, rrudficaliores of, retinannings of,
<br />svle],pnes uf, and subetitutinns for the promissory note or agreement. The mate.ity date of the Deed of Trust la Donee l-r- 31,
<br />2002.
<br />Personal Properly. The words "Personal Property mean all equlpmcnt fixtures, and other articles of^ personal property new or
<br />hereafter owned by Truslor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and
<br />additions to, all replacements of, and all substitutines fnr, any of such property; and together with all proceeds (Including without
<br />limitation all insurance proceeds and refunds of pre-ro ms) from any sale or other disposition of the Property,
<br />Property. The were "Property" means collectively the Real Property and the Personal Propert, .
<br />Real Property. The words "Real Properly" moan the real property. Interests and rights, as further described In this Deed of Trust
<br />Related Documents. The words "Related Documents" all promissory notes, credit adornments, loan agreements, environmental
<br />agreements, fhmrantia., security agreements, mortgages, deeds of trust, security deeds-, oullateml wrtuager, and all other
<br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with this Indebtedness.
<br />Rents. The word "Rents" means all Present and future rents, revenues, no sues, royalties, pratits, and other benefits derived
<br />from the Property.
<br />Trustee. The wortl "Trustee" moans Five Points Bank, whose address is P.O Box 1507, Grand Island. NE 68802 1507 and any
<br />substitute or successor (restouv-
<br />Treater. The word "Truster" means RUDOLF F PLATE and TIM C PLATE.
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