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<br /> DEED OF TRUST
<br /> Loan No: 101235619 (Continued) 201009008 Page 8
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<br /> vested in a person other than Trustor, Lender, without notice to Trustar, 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 Trustor from the obligations of this Deed of
<br /> Trust or 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 following capitalized words 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 Uniform Commercial Code:
<br /> Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means GREAT PLAINS CATTLE COMPANY LLCand WILLIAM B WESTERING and includes all
<br /> co-signers and co-makers signing the Note and all their successors and assigns.
<br /> Dead of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without
<br /> limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br /> Default. The word "Default" means the 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 the environment, including without limitation the Comprehensive Environmental
<br /> Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund
<br /> Amendments and Reauthorization Act of 1986, Pub, L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C.
<br /> Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or
<br /> federal laws, rules, or regulations 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
<br /> default section of this Deed of Trust.
<br /> Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, 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, stored, disposed of, 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" also
<br /> includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br /> Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br /> the 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
<br /> or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note
<br /> or Related Documents and any amounts expended or 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 /> together with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed
<br /> of Trust.
<br /> Lender. The word "Lender" means Five Points Bank, its successors and assigns.
<br /> Note. The word "Note" means the promissory note dated November 17, 2010,
<br /> . from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of,
<br /> consolidations of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is 11/17/2030.
<br /> NOTICE TO TRUSTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE.
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br /> hereafter owned by Trustor, 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 of premiums) from any sale or other disposition of the Property.
<br /> Property. The word "Property" means collectively the 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 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
<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 Five Points Bank, whose address is P.0 Box 1507, Grand Island, NE 68802-1507 and any
<br /> substitute or successor trustees.
<br /> Trustar. The word "Trustor" means GREAT PLAINS CATTLE COMPANY LLC.
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