|
201108997
<br />. F'' �, : � ^ �; ; � ; DEED OF TRUST
<br />Loan No: 11089213 � (Continued)
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Page 7
<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
<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 shall include the plural, and the plural shall
<br />include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Platte Valley State Bank & Trust Company, and its successors and
<br />assigns.
<br />Borrower. The word "Borrower" means Roebuck Enterprisas, LLC; and Larry R. Roebuck, Jr and includes 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, end
<br />includes without limitation all essignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Default. The word "Defeult" means the Default set forth in this Deed of Trust in the section titled "Default".
<br />Environmental Laws. The words "Environmental Laws" mea�i , any °aqcT°al��ete` fied�"� ar�8'10'�al statutes,
<br />regulations and ordinances relating to the protection of hum8n ; health - ar. khg; e�rivir�n' t;-inclu�ling without
<br />� limitation the Comprehensive Environmental Response, Compens�atipn, and I,.iabilit'� 1980, as�mended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendmenisaad,:F�e�at���t�'CLiz�Ii�.�ci_�f. 86, Pub. L.
<br />No. 99-499 ("'SARA"1, 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 applicable state or federal 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 />Guaranty. The word "Guaranty" means the guarenty 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 Laws. 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 affixed 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 Documents, together with all renewals of, extensions of, modificetions of,
<br />consolidations of ond substitutions for the Note or Ralated Documents and any amounts expended or advanced by
<br />Londer to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce 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 30, 2011, In the original principal
<br />amOUnt of $46,800.00 from Borrower to Lender, together with all renewals of, extensions of, modifications
<br />of, refinancings of, consolidations of, end substitutions for the promissory note or agreement.
<br />Personal Property. The words "Personal Property" mean all equipment, fixiures, and other articles of personal
<br />property now or hereafter 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 of, and all substitutions for, any of such
<br />property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
<br />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
<br />Deed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br />agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, and all other instruments, agreemenis and documents, whether now or hereafter
<br />existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
<br />other benefits derived from the Property.
<br />Trustee. The word "Trustee" means Platte Valley State Bank & Trust Company, whose address is 810 Allen Dr,
<br />Grand Island, NE 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
<br />AGREES TO ITS TERMS.
<br />TRUSTOR:
<br />ROEBUCK NTERPRISES, LLC
<br />By• �
<br />Larry R. R uck, r
<br />
|