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DEED OF TRUST
<br />Loan No: 1581776 (Continued) 200209611 Page 6
<br />No Waiver by Lander. Lender shall not be deemed to have waived any rights under this Dead of Trust unless such waiver Is given In
<br />writing and signed by Lender. No delay or omission on the pad of Lander 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 Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise
<br />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
<br />dealing between Lender and Truster, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future
<br />transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance
<br />shall not constitute conlinuing consent to subsequent iushuces where such consent is required and in all cases such consent may be
<br />granted or withheld In the sole discretion of Lander.
<br />Soverebllity. If a court of competent jurisdiction finds any provision of this Dead of Trust to be illegal, invalid, or unenforceable as to any
<br />person or circumstance, that finding shall not make the offending provision Illegal, Invalid, or unenforceable as to any other person or
<br />circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the
<br />offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />Illegality, invalidity, or therforceebiidy of any provision of this Dead of Trust shall not affect the legality, validity or enforceability of any other
<br />provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Dead of Trust on transfer of Trustm's Interval, 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 Truster, may deal with Trustees successors with reference to this Deed of Trust and the
<br />Indebtedness by way of forbearance or extension without releasing Truster from the obligations of this Deed of Trust or liability under the
<br />Indebtedness.
<br />Time Is of the Essence. Time is of the essence in the performance of this Dead of Trust.
<br />Waiver of Homestead Exemption. Truster hereby releases and waives all rights and benefits of the homestead exemption laws of the Slate
<br />of Nebraska as to all Indebtedness secured by this Dead of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically
<br />stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United Slates 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 require. Words and terms not otherwise
<br />defined in this Dead of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means United Nebraska Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means TIMOTHY C PLATE and RUDOLF F PLATE, antl all other persons antl entitles signing the Note in
<br />whatever capacity.
<br />Dead of Trust. The words "Deed of Trusr mean this Deed of Trust among Truster, Lender, and Trustee, and includes without limitation all
<br />assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default. The word Merfault" means the Default set forth in this Deed of Trust in the section tilled "Default".
<br />Environmental Least. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations 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 9801, at seq. ECERCIA "), the Supedund Amendments and
<br />Reauthodratlon Act of 1986, Pub. L. No. 99 -499 ( "SARA"), the Hamrdous 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 stale or federal laws, rules, or regulators
<br />adopted pursuant thereto.
<br />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
<br />section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation parry to Lander, including without
<br />limitation a guaranty of all or pad of the Note.
<br />Hamrdous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
<br />chemical or infectious characteristics, may cause or pose a present or potential harard to human health or the environment when Improperly
<br />used, healed, slored, 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 farm "Hazardous Substances" also includes, without limitation, petroleum and petroleum
<br />by-products or any faction thereof and asbeslos.
<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 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 expanded or advanced by Lender to discharge Trusters obligations or expenses incurred by Trustee or
<br />Lander to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided In this Dead of Trust.
<br />Lender. The word' endee' means United Nebraska Bank, its successors and assigns
<br />Note. The word "Note" means the promissory note dated September 10, 2002, in the original principal amount of
<br />8400,000.00 from Borrower to Lender, together with all renewals of, extensions of modifications of, refinancings ot, consolidations of, and
<br />substitutions for the promissory note or agreement. The maturity dale of this Dead of Trust is September 10, 2004.
<br />Personal Property. The words "Personal Properly" mean all equipment, fixtures, and other articles of personal property now or hereafter
<br />owned by Truster, and now or hereafter attached or affixed to the Real Property; together with all accessions, pads, 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 "Properly" 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, loan agreements, 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'Ren1s' means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the
<br />Property.
<br />TIUWM. The word Trustse" means Untied Nebraska Bank , when address is 700 N. Webb, Grand Island, NE 68802 and any substitute or
<br />successor trustees.
<br />Trustor. The word'Trustor" means TIMOTHY C PLATE, RUDOLF F PLATE and JEANNICE R PLATE.
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