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" ~ ` ~ ~ ~ ~ 1 ? t ~ DEED OF TRUST
<br />(Continued) 2 ~ 10 ~ 2 0~~ page fi
<br />any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If
<br />feasible, the offending prnvision shall be considered modified so that it becomes legal, valid and enforceable. If the offending
<br />provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />illegality, invalidity, nr unenfnrceability of any provisinn of this Deed pf Trust shall not affect the legality, validity or enforceability of
<br />any other provision of this Deed 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
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustnr, Lender, withnut notice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustnr from the obligations of this Deed of
<br />Trust pr liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor 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 Deed of Trust.
<br />DEFINITIONS. The fallowing capitalized wards 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 terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words
<br />and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Unifprm Commercial Cade:
<br />Beneficiary. The word "Beneficiary" means Platte Valley State Bank & Trust Company, and its successors and assigns.
<br />Borrower. The word "Borrower" means Roebuck Enterprises, LLC; and Larry R. Roebuck, Jr and includes all co-signers and co-makers
<br />signing the Note and all their successors and assigns
<br />Deed of Trust. The words "Deed of Trust" mean ahis Deed of Trust among Trustnr, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Prpperty and Rents.
<br />Default. Tha word "Default" means the Default set forth in this Deed pf Trust in the section titled "Default".
<br />Environmental Laws. The wards "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health nr the environment, including withnut limitation the Comprehensive Environmental
<br />Resppnse, Compensation, and Liability Act of 1980, as amended, 42 U,S.C. Section 9601, et seq, ("CERCLA"1, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub, L. No. 99-499 1"SARA"1, the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Sectipn 6901, et seq., nr other applicable state nr
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Default. The wards "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of
<br />default section of this Deed of Trust.
<br />Guaranty. The ward "Guaranty" means the guaranty from guarantpr, endprser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment
<br />when improperly used, treated, stared, disposed nf, generated, manufactured, transported or otherwise handled. The words
<br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic
<br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" slap
<br />includes, without limitation, petroleum and petroleum by-products nr any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed nn
<br />the Real Property, facilities, additions, replacements and other constructipn pn the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, casts and expenses payable under the Note
<br />or Related Documents, together with all renewals nf, extensions of, modifications of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expended nr advanced by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision
<br />of this Deed of Trust, together with all interest thereon.
<br />Lander. The word "Lender" means Platte Valley State Bank & Trust Company, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated March 26, 2010, in the original principal amount of $42,OOp.OQ
<br />from Borrower to Lender, together with all renewals of, extensions of, modifications nf, refinancings nf, consolidations of, and
<br />substitutions for the promissory note or agreement.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />hereafter owned by Truster, 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 substitutions for, any of such property; and together with all proceeds (including without
<br />limitation all insurance proceeds and refunds pf premiums) from any sale pr other dispositign of the Property.
<br />Property. The word "Prpperty" means collectively the Real Property end the Personal Property.
<br />Real Prpperty. 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, Iran agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other
<br />instruments, 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
<br />from the Property.
<br />Trustee. The word "Trustee" means Platte Valley State Bank & Trust Company, whose address is 810 Allen Dr, Grand Island, NE
<br />68801 and any.substitute ar successpr trustees.
<br />Truster. The word "Trustor" means Roebuck Enterprises, LLC.
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS.
<br />TRUSrnR:
<br />ROEBUCK ENTERPRISES, LLC
<br />i
<br />g `,~ ~...
<br />Larry oabuck, Jr, Member of Roe En rprises, LLC
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