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Loan No: 206052 200211157 DE(Continued) ST
<br />CED OF o t nued)ST Page 6
<br />Governing Law. This Deed of Trust will be governed by, construed and enforced In accordance with federal law and the laws of the
<br />State of Nebraska. This Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If Mere is a lawsuit, Truator agrees upon Lender's request to submit o the jurisdiction of the courts of Custer County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations of Borrower and Truster under this Deed of Trust shall be joint and several, and all references to
<br />Truster shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This means Mat each
<br />Borrower and Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part 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 Lender's right otherwise
<br />to demand strict compliance with Mat prevision or any other provision of Me Dead of Trust. No prier waiver by Lender, nor any course of
<br />dealing between Leader and Trustor, shall constitute a waiver of any of Leader's rights or of any of Turner'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 Leader 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 is Me sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any
<br />person or circumstance, that finding shall not make Me 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 modtlied, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, Me
<br />illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other
<br />provision of this Dead of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Dead of Trust on transfer of Tmstor's interest, this Dead 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 "ice to Trustor, may deal with Trusters successors with reference to MIS Dead of Trust and Me
<br />Indebtedness by way of forbearance or extension without releasing Trustor from Me obligations of this Deed of Trust or liability under Me
<br />Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Dead of Trust.
<br />Waiver of Homestwd Exemption. Trustor hereby releases and waives 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 blowing capitalized words and terms shall have Me 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 Me United Sates of America. Words and terms
<br />used in Me singular shall include the plural, and the plural shall include Me singular, as the context may require. Words and terms not otherwise
<br />defined in this Deed of Trust shall have the meanings athibuted to such temps in Me Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary' means Nebraska Sate Bank & Trust Co., and Its successors and assigns.
<br />Borrower. The word 'Borrower' means HAROLD GREEN JR, HAROLD GREEN III and JAMES H BERGGREN, and all other persons and
<br />entities signing Me Note in whatever capacity.
<br />Deed of Trust The words "Dead of Trust' mean Mis Deed of Trust among Trustor, 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 "Default' means Me Default set forth in this Deed of Trust in the section titled "Default '.
<br />Environmental Laws. 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 Me environment, including without limitation Me Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ( "CERCLA'), the Superfund Amendments and
<br />Reauthorization Act of 1986, Pub. L. No. 99-499 ( "SARA "), the 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 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 Deed of Trust in Me events of default
<br />section of this Deed of Trust.
<br />Existing Indebtedness. The words 'Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of Mile Deetl of
<br />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 part of Me Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materiels Mat, because of their quantity, concentration or physical,
<br />chemical or infectious 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 include without limitation any and all hazardous or toxic substances, materials or waste as defined by
<br />or listed under Me 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, sVUctuas, mobile homes affixed on Me
<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 Me Note or
<br />Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for Me Note or Related
<br />Documents and any amounts expended or advanced by Lender to discharge Truster's obligations or expenses incurred by Trustee or
<br />Lender to enforce Truster's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deetl of Trust.
<br />Lender. The word "Lender" means Nebraska State Bank & Trust Co., its successors and assigns.
<br />Nate. The word "Note' means Me promissory note dated October 14, 2002, in the original principal amount of $250,000.00
<br />from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for
<br />the promissory note or agreement.
<br />Personal Property. 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 the Real Property; together with 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 Me Property.
<br />Property. The word "Property" means collectively no 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 Dead of Trust.
<br />Related Documents. The wards "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 Me Intlebtetlness.
<br />Rents. The word 'Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from Me
<br />Property.
<br />Trustee. The word 'Trustee" means NEBRASKA STATE BANK AND TRUST COMPANY, whose address is 945 SOUTH D STREET,
<br />BROKEN BOW, NE 68822 and any substitute or successor trustees.
<br />Truster. The word "Trustor' means JAMES H BERGGREN and DEBRA J. BERGGREN.
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