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DEED OF TRUST
<br />(Continued) 200207056 Page
<br />emerlles against the Property, which will be amendetl by the laws of the State Of beheaded However, If there ever is a question
<br />about whether any provision OI this Deed of Trust is valid or enforceable, Me provision that i9 Questioned will be governed by
<br />whichever state or federal law would find the provision to be valid and enforceable. The loan transaction whiCh is SentenceA by the
<br />Credit Agreement and this Dead of Trust has been applied for, considered, approved and made, and all necessary loan Documents
<br />have been accepted by Lender In the State of Illinois,
<br />Joint and Several Liability_ All obligations of Borrower and Trusted under this Dead of Trust shall be joint and several, and all references to
<br />Trustor shall mean each and every Trustor, and all references to Borrower shall mean each ant every Borrower. This means that each
<br />Borrower and Treater signing below Is responsible for all obligations in this Deed of Trust.
<br />No Walva by Lender. Tmsor understood Lender W not give up any of Lender a rights under this Deed of Trust unless Lander does eO In
<br />writing. The fact that Lender delays or quits to exercise any right will not mean that Lander 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 In comply with the other provisions of this Deed M Trust.
<br />Trustor also un a stantls mat If Lander does consent to a request, that does not mean that Truster va l not have to get Lender's consent
<br />again it the situation happens suein. Thereby funded uninhabitable that lust because Lender consents to one or more of Trusters requests,
<br />that dean not mean Lender will be repil t0 consent t0 any M Hi rs future aryin 6. Treated waives presentment, demand for payment,
<br />pretest and notice of dishonor_
<br />Severebillry. If a court finds Nat any provision of this Dead of Trust is act valid or should not be amended, that fact by Itself will nor mean
<br />that me rest of this Dead of Trust well net be valid Or enforced Therefore, a Court will enforce the rest of the pmNsigts of this Dead of Trust
<br />den it a provision of this Dead of Trust trey be fauna to Me Invalid or unenforceable.
<br />SuOCesaors and Assigns. Subject to any limitations stated in this Dead of Trust on transfer of Truancy's Interest His Deed Of Trust shall be
<br />binding upon age inure to the benefit of the parties, their successors and assigns. If Ownership of the Peabody becomes vested In a person
<br />Mher men Trustor, Lender, without "nice to Truser, may deal with Trusters successors with reference m this Deed of Trust and the
<br />Indebtedness by way of forbearance or extension without releasing Truster from the obligations Ot this Dead of Trust or liability under the
<br />Indebtedness.
<br />Time is of the Essence. Time is Of the essence In foe performance of this Deotl of Trust.
<br />Waiver of Homestead Exemption. Truster Itemby releases and waives all rights and benefits of the homestead exemption Iowa at the State
<br />of Nebraska as to all Indebtedness secured try this Dead of Trust.
<br />OEEINITONS. The fallowing words shell have the following meanings when used In the Deed M Trust
<br />Beneficiary_ The word "Benefrclary means State Farm Bank. FSB., and Its successors and assigns.
<br />Borrower. The ward "Borrower means THOMAS C REISDORPH, and all other persons and entitles signing Me Cretlit Abandons
<br />Credit Agreement. The words -Cretllt Agreement" mean the cmdlt agreement dated June 14, 2002, With credit limit of $30,000.00
<br />from Borrower to Lentler, together with all renewals of extensions of modificaUUns oL refinandngs Ot consolidations of and substitutions for
<br />the coi lssory note or agreement.
<br />Deed of Trust. TM1e "ends Dead of Trust' mean this Deed of Trust among Treanor, Lender, and Trustee, and included without limitation all
<br />assignment and security Interest provisions relating to the Personal Property and Rents.
<br />Environmental Laws. The words "Environmental Lowe' mean any and all state, federal and Imel statues, prialaiona and ordinances
<br />elating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response,
<br />Compensation and Liability Act of 19W, as emended 42 US C. Section 9101, at seq. ("CERCIpi the Supadund Amendments and
<br />Reauthorization Act of 1986, Pub. L No 99499 ('SARA'), the Hazardous Materials Transportation Act 49 U 5 C_ Becton 1801, at seq., OR
<br />Resource Consorvatlon end Recovery Act, 42 U.S C. Section 6901, at sop., or ether applicable state or fetleral laws, rules, or regulations
<br />adopted pursuer trade r
<br />Event of Default. The words "Event of Default' mean any of Me events of default set mdh in this Deed of Trust in the events of default
<br />section of Deed of Trust.
<br />Existing Indebtedness. The wortls "Existing Indebtedness' mean the Indebtedness described In the Existing Liens provision of this Deed of
<br />Trust.
<br />Hazardous Substances. The words "Hazaboua Substances mean materials [hat, because of their Money, concentration or physical,
<br />chemical or Inhatlous characteristics , may cause or pose a present or potential hazard to human health or Me 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 bodies Wthom limitation any and all hazardous or toxic substances, materials or waste as barred by
<br />or listed under the Environmental taws_ The term "Hazardous Substances" also Includes, without Ilmllatioq petroleum and induced
<br />by-products Or any traction there ell and seasonal
<br />Improvements. The word'Imprnvements' means all existing and future Improvements, buildings, structures, mobile homes dowel on the
<br />Real Property, facilities, additions, replacements and other construction on she Reel Property
<br />Indebtedness. The word'Incebtedness' means all principal, Interest and other amounts, testa and expenses payable under the Credit
<br />Agreement or Resign Documents, together with all renewals of, extensions of mWifications of consolidators W and substitutions for the
<br />CreaA Agreement or Related Documents and any amounts expended Or amended by Lender to discharge Truster', obligations or expenses
<br />err N by Trustee or Lander to enforce Toscana obligations under this Dead of Trust "will with interest on such amounls as provided
<br />yin this Deed of Truer.
<br />Lender. The woo "bender" means State Farm Bank, F.S.B., i4 successors and assigns. The words'successors or assigns' mean any
<br />person or company that acquires any Interest In the Coal Agreement.
<br />Personal Properly. The words "Personal Prepony" mean all equipment, fixtures, age Omer adides of personal property now Or hereafter
<br />Owned by Loses, and new or hereafter attached or affica d to me Real Property; bpemer with all accessions, parts, and additions to all
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