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<br />• - DE�D OF TRUST 2 p� p 0 S 10 9
<br />(Continued) �a9e 6
<br />feasible, the offending prnvision shell be considered modified so that it becomes legal, valid and enfarceable. If the offending
<br />provision cannot be sa modified, it shall be considered deleted from this Deed of 7rust. Unless otherwise required by law, the
<br />illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legelity, validity or enforceability of
<br />any other provision of this Desd of Trust.
<br />Successnrs and Assigns. Subject to any limitetions stated in this Deed of Trust an trensfer pf Trustor's interest, this Deed of Trust
<br />shall be binding uppn snd inure to the bsnefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference tn thia
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustar from #he pbligations af this Deed of
<br />Trust nr liability under the Indebtedness.
<br />Time ia af the Essence. 7ime is of the esssnc� in ths performance of this Deed of Trust.
<br />Waiver of Homegtead Exemption. 7rustor hereby releeses and waives all rights and benefits of the homestead exemption laws of fl5e
<br />5tate nf Nebraska ss to ell Indebtednsss secured by this Deed of Trust.
<br />DEFINITIDNS. The following capitelized worda and terms shall have the following meanings when used in this Deed of Trust. Unless
<br />specifically stated tn the contrary, all references to dollar amounts shall mean amounts in lawful money of the Unitad S#a#es 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 Uniform Commercial Code:
<br />8eneficiary. 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 l.arry R. Roebuck, Jr and includes all co-signers and co-makers
<br />signing the Note and all their successors and assigns.
<br />�eed of Trust. The words "Deed of Trust" mean this Deed of Trust amnng Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisinns relating tp the Personal Property and Rents.
<br />��,
<br />qefault. The word "qefaulY' means the Default set fprth in this Deed of Trust in the section titled "qefault".
<br />EnWronmental Laws. The words "Environmental Laws" mean any and all atete, federal end local statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive �nvironmant�l
<br />Response, Compensation, and Liability Act af 1980, as emsnded, 42 U.S.C. Sectian 9601, et seq. 1"CEfiCLA"1, the Superf4nc�
<br />Amendments and Resuthvrizatian Act of 1986, Pub. L. No. 99-499 ("SARA"1, the Hazardous Materiels 7rensportation Act, 49 U.S.C,.
<br />5ection 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or qther applicable state or
<br />federal lews, rules, or regulations adopted pursuant thereta.
<br />Evan# of Defsul#. The wnrds "Event of DefaulY" 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 />Guarenty. The word "Guaranty" means the guaranty from guarantor, endnraer, surety, or accommodation party to Lender, including
<br />without limitation a guaranty of all or part of the Na#e.
<br />Wazardous Substances. The words "Hezardnus Substances" mean materials that, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause or pose a present or potentiel hazard to human health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transpor#ed 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" elso
<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 hames affixed on
<br />' the Real Property, facilities, additions, replacements and other construction nn the Real Property.
<br />. Indebtedness. The word "Indebtedness" means all principal, interest, and o#hsr amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renew�ls pf, axtensions of, modifications of, consolidations of and substitutions for the Note
<br />or Relatad Documents and any amounts expended or advanced by Lender to discharge Trustar's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligations under this Daed af Trust, together with interest on such amounts as provided in this
<br />, � 17eed ,of Trust.
<br />Lender. The word "Lender" means Platte Velley Stste Bank & Trust Company, its successors and assigns.
<br />''` Note. The word "Note" means the promisspry nnte dated October 29, 2010, 111 thB original prirlCipel ef110U17t Of
<br />'$5$,4QQ.00 from Borrower to Lendsr, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />pf, and aubstitutipns for the promissory nate or agreement.
<br />F'ersonal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />hereafter owned by 7rustor, and now or hereafter ettached or affixed to the Real Property; together with all acceasiqns, perts, and
<br />additions to, all replacements of, and ell substitutions for, any of such praperty; and together with all proceeds (including without
<br />limitstion sll insursnce prncesds end refunds of premiums) from any sale or other dispositipn of the Property.
<br />Proqerty. The word "Prqpsrty" means collectively the Real Property and tha Perspnel Property.
<br />Ftea) Property. The words "Real Prnperty" mean the real property, interests and rights, as further described in this Deed of Trust.
<br />Related pocuments. The wards "Related Documents" mean all promissory notes, credit egraements, loan agreements, environmental
<br />sgreaments, guarenties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and sll other
<br />instruments, agreements and documents, whether now pr hereafter existing, executed in connection with the Indebtedness.
<br />Renta. The word "Rents" means all present and future renta, revenues, income, issues, royalties, profits, and other bensfits derived
<br />from the Property.
<br />Trustee. The word "Trustee" means Platte Vallay State Bank & Trust Company, whose address is 810 Allen Dr, Grand Island, NE
<br />68803 and any substitute or successor trustaea.
<br />trustor. 7he word "7rustor" means Roebuck Entarprises, LLC.
<br />7RUSTOFt ACKNOWLEpG�S HpVING READ ALL THE PROVISIbNS OF TH15 DEED OF TRUST, AND 7RUSTOR AGREES TO ITS TERMS.
<br />TRUSTOR:
<br />RO�BUCK ENT�RPRISES, LLC
<br />�y:
<br />arry oeb ck, Jr, em er e Roe6 prises, LLC
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