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�:^ � , DEED OF TRUST 2 0110 3 9 2� <br />� (Continued) Page 6 <br />Successors and Asslgns. 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 successora and essigns. 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 to thfs <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 waivea 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 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 amounta shall mean amounts in lawful money of the United Stetes of America. <br />Words and terms used in the singular shall include the plural, and the piural 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 ta such terms in the Uniform Commercial Code: <br />Beneficiary. The word "Beneficiery" means Platte Valley State Bank & Trust Compeny, and its successors and assigns. <br />Borrower. The word "Borrower" means Roebuck Enterprlses, LLC; and Larry R. Roebuck, Jr and includes all co-signers end co-mekers <br />signing the Note and ell their successors and essigns. <br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, end Trustee, and includes without <br />limitation ell assignment end 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 aection titled "Default". <br />Environmental Laws. The words "Environmental Laws" mean any and all state, federai and local statutes, regulations and ordinancea <br />relating to the protection of humen health or the environment, including without limitation the Comprehensive Environmentel <br />Response, Compensation, and Liebility Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund <br />Amendments and Reauthorizetion 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 Consarvation end Recovery Act, 42 U.S.C. Section 6901, et seq., or other epplicable 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 defeult 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 potentiel hazard to human health or the environment <br />when impraperly 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 limitatian any and all hazardous or taxic <br />substances, materials or waste es 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 end future improvements, buildings, structures, mobile homes effixed 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 obligetions or expenses lncurred 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. <br />Lender. The word "Lender" means Plette Valley State Bank & Trust Company, its successors and assigns. <br />Note. The word "Note" means the promissory note dated May 23, 2011 in the original principal �mount of $41 ,500.00 <br />from Borrower to Lender, together with all renewals of, extensions of, modificationa of, refinancings of, 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 Trustor, and now or hereafter ettached or affixed to the Real Property; together with all accesslons, perts, and <br />additions to, ail 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 properry, interests end rights, as further described in this Deed of Trust. <br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreementa, environmental <br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collaterel mortgages, and all other <br />instruments, egreements 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 />68803 and any substitute or successor trustees. <br />Trustor. 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 />TRUSTOR: <br />ROEBUCK ENTERPRISES, LLC <br />By: <br />arry Roe uck, r, Member of R buc Enterprises, LLC <br />