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DEED OF TRUST 2 01 i 0 8 5 9 9
<br />Loan No: 11t�B92Q3 x�. �� s �Continuedl Page 7
<br />ot Trust. Where any one or more of tne 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 io act on the entity"s behalf, and any obligations made or created in reliance
<br />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
<br />shaH operate as a waiver of such right ar any other righi. A waiver by Lender of a provision of this Deed of 7rust
<br />shal! not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br />provision or any other prflvision 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 aU cases such consent may be granted or withheld in the sole discretiort of Lender.
<br />Severability. If a court of competen# jurisd'+ction finds any provision of tMis Deed of Trust to be illegai, invalid, or
<br />unenforceable as to any circumstance, that finding shall not make th@ offending provision illegal, invalid, or
<br />unenforceaple as to any other circumstance. If teasible, the offending provision shall be considered modified so
<br />that it becomes legal, valid and enforceable. !f the oftending provision cannot be so modified, it shall be
<br />considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br />unenforceability of any provision 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 th+s Deed of Trust on transter of Trustor's interest,
<br />this Deed of Trust shall be binding upon and inure to the benetit of the pa�ties, their successors and assigns. If
<br />ownership of the Property becomes vested in a person other ihan Trustor, Lender, without notice to Trustor, may
<br />deal w+th 7rustor's successors with reterence to this Deed of Trus# and the Indebtedness by way of forbearance or
<br />extension without 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 />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 />DEFINITIQNS. The following capitalized words and terms shall have the following meanings when �sed 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 tfie United States of America. Words and terms used in the singular shall include the plurai, and the plural shalt
<br />inciude the singular, as the context may require. Words and terms not otherwise defined in ihis Deed of Trust shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Be�eficiary. The word "Beneficiary" means Platte Valley State Bank & Trust Company, and its successors and
<br />assigns.
<br />Borrower. The word "Borrower" means Roebuck Enterprises, LLC; and Larry R. Roebuck, Jr and includes ail
<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 limitat+on a!! assignment and security interest provisions relating to the Personai Property and
<br />Rents.
<br />Default. 7he word "Default" means the Default set forth in this Deed of Trust in the section titled "Defauit".
<br />... . ..a.a..... .... _ ..... ,
<br />Environmentai Laws. 7he words "Environmental Laws"``mean any �qc�;a�#e,� federal +and locaf statutes,
<br />regulations and ordinances relating to the protection df''human �aea��t� �q�;t�e environmenti, inciuding without
<br />limitation the Comprehensiue Environmental Response, C�mpens t�c�,, and Li�biJity �a of a 9�0, as amended, 42
<br />U.S,C. Section 9601, et seq. ("CERCLA"), the Superfund-�aies�ts aad•�Rea�erization Act of 1986, Pub. L.
<br />No. 99-499 1"SARA"), the Hazardous Materials Transportation Act, 49 U_S.C. Section 1801, et seq., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other appiicabie state or federat laws, rules,
<br />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
<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 party to
<br />Lender, including without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materiais 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 otherwise handled. 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 l.aws. The term "Hazardous Substances" also includes, without limitation, petroleum and
<br />petroleum by-products or any fraction thereof and asbestos.
<br />improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br />mobile homes affrxed on the Real Property, facilities, additions, replacements and other construction on the Real
<br />Property.
<br />Indebtedness. The word "Indebtedness" means all principal; interest, and other amounts, costs and expenses
<br />payable under the Note or Related �ocuments, together with alI renewals of, extensions of, modifications of,
<br />consolidations of and substitutions for the Note or Related Documents and any amo�nts expended or advanced by
<br />Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's
<br />obligations under ihis Deed of 7rust, together with interest on such amounts as provided in this Deed of Trust.
<br />Lender. The word "Lender" means Platte V�Iley 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 S 150 ,000.00 from Borrower to Lender, together with a8 renewals of, extensions of, modifications
<br />of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO
<br />TRUSTOR: THE NOTE CONTAINS A VARIABIE INTEREST RATE.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
<br />property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Reai Property;
<br />together with all accessions, parts, and additions io, a!I replacements of, and all substitutions for, any of such
<br />property; and together with al! proceeds (including without limitation all insurance proceeds and refunds of
<br />premiums) trom any sale or other disposition of the Property.
<br />Property. The word "Property" means collactively the Real Praperty and the Persona! Property.
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