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201106770
<br />Governing Law. With respect to procedural matters related to the perfection and enforcement of Lender's rights
<br />against the Property, this Deed of Trust will be governed by federal law applicable to Lender and to the extent
<br />not preempted by federal law, the laws of the State of Nebraska. In all other respects, this Deed of Trust will be
<br />governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the
<br />State of Missouri without regard to its conflicts of law provisions. The loan transaction that is evidenced by the
<br />Note and this Deed of Trust has been applied for, considered, approved and made, and all necessary loan
<br />documents have been accepted by Lender in the State of Missouri.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of
<br />JACKSON County, State of Missouri.
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is responsible for
<br />all obligations in this Deed of Trust. Where any one or more of the parties is a corporation, partnership, limited liability
<br />company or similar entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors,
<br />partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made or created
<br />in reliance upon the professed exercise of such powers shall be guaranteed under 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
<br />waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall
<br />operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not
<br />prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other
<br />provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall
<br />constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future transactions. Whenever the
<br />consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not
<br />constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may
<br />be granted or withheld in the 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
<br />unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or
<br />unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified
<br />so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered
<br />deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any
<br />provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of
<br />Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this
<br />Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of
<br />the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's
<br />successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without
<br />releasing Trustor from the obligations of this Deed of 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 />Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or
<br />counterclaim brought by any party against any other party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the 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.
<br />Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United
<br />States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as
<br />the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to
<br />such terms in the Uniform Commercial Code:
<br />Agreement to Provide Insurance. The words "Agreement to Provide Insurance' means the Agreement to Provide
<br />Insurance dated of even date herewith executed by Trustor in favor of Lender.
<br />Beneficiary. The word "Beneficiary" means UMB BANK, n.a., and its successors and assigns.
<br />Borrower. The word "Borrower" means Bosselman Pump & Pantry, Inc.; and Bosselman Travel Centers, Inc.
<br />Credit Agreement. The words "Credit Agreement' mean the Secured Credit Agreement dated of even date herewith
<br />executed by and among Trustor and Lender, as the same may from time to time be modified, amended or restated.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes
<br />without 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
<br />and ordinances relating to the protection of human health or the environment, including without limitation the
<br />Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section
<br />9601, et seq. ( "CERCLA "), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ( "SARA "),
<br />the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery
<br />Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant
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