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:i': „ i+ t S •
<br />Loan No: 17 U$9203
<br />DEED OF TRUST � p 110 8 5 9 6
<br />(Continued) Page 7
<br />each and every Borrower. This means that each Trustor signing below is responsible for all obfigations in this Deed
<br />of Trust. Where any one Qr more of the parties is a corporation, partnership, limited liability company or similar
<br />entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members,
<br />or other agents acting or purporting to act on the entity's behalf, and any obligations made or created in reliance
<br />upon the professed exercise of such powers shall be guacanteed 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
<br />shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br />shall not prejudice or co�stitute a waiver of Lender's right otherwise to demand strict compliance with that
<br />prouision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br />between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations
<br />as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where
<br />such consent is required and in all cases such consent may 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 />unenforceabfe as to any circumstance, that finding shall noi make the offending provision illegal, invalid, or
<br />unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so
<br />that it becomes legal, valid and enforceable. If the offending provision cannot be so modi#ied, if sha0 be
<br />considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br />unenforceability of any prdvision of this Deed of Trust shall not affect the legality, validity or enforceability of any
<br />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,
<br />this Deed of Trust shall be binding upan and inure to the benefit of the parties, their successors and assigns, It
<br />ownership of the Property becomes vested in a person other than Trustor, �ender, without notice to Trustor, may
<br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br />extension without reieasing Trustor from the obligations of this Deed of Trust or �iability 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. Trusior 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. 7he following capitalized words and terms shall have the following meanings when used in this Deed of
<br />Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money
<br />of the United States of America. Words and terms used in the singular shal! include the plural, and the plural shall
<br />include the singular, as the context may require. Words and terms not otherwise defined irr this Deed of Trust sha�l
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Platte Valley State Bank & Trusi Company, and its successors and
<br />assigns.
<br />Borrower. The word "Borrower" means Roebuck Enterprises, LLC; and Larry R. Roebuck, Jr and inciudes all
<br />co-signers and co-makers signing the Note and all their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br />includes without timitation all assignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titied "Defauit".
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmental Response, CompertsariorT;°�7Td t y� . ct.pf 19�(S,� as amended, 42
<br />U.S.C. Section 96Q1, et seq. ("CERCLA"1, the Supertund Amendrrrent's and .�e�nzation Act a� 1986, Pub. L.
<br />No. 99-499 ("SARA"), the Hazardous Materials Transportatior� Act, 49 U S.C. Sec�i 1$,�d„ et-seq., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq,..,�pr,;,Axf�i.'a'�p.p.lica�te or fiederal iaws, rules,
<br />or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of DefaulY' mean any of the events of default set forth in this Deed of Trust in
<br />the events of default section of this Deed of Trust
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br />provision of this Deed of Trust
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation perty to
<br />Lender, including 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,
<br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
<br />to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
<br />transported or aiherwise handied. The words "Hazardous Substances" are used in their very broadest sense and
<br />include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
<br />under the Environmental Laws. The term "Hazardous Substances" aiso includes, without lim+tation, petroleum and
<br />petroleum by-products or any fraetion thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
<br />Property.
<br />Indebtedness. The word "Indebtedness" means all principai, interest, and other amounts, costs and expenses
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
<br />consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
<br />Lender to discharge Trustor's obligations or expenses incurred by Trustee or l.ender to entorce Trustor's
<br />obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br />lender. The word "Lender" means Platte Valley State Bank & Trust Company, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated November 14, 2011, 111 the originai principal
<br />amount of 5150 ,U�0.00 from Borrower to Lender, together with a�l renewals of, extensions of, modifications
<br />of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTIGE TO
<br />TRUSTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE.
<br />Persanal Property. The words "Personal Property" mean all equipment, fixtures, and other articles af personal
<br />property now or Mereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property;
<br />together with all accessions, parts, and additions to, all replacements ot, and ali substitutions for, any of such
<br />property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
<br />premiums) from a�y sale or other disposition of the Property.
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