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DEED OF TRUST
<br />�� . ccontinuad) `� 41 �, Q� 4 9 9 Pa �
<br />Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and
<br />several, and all references to Trustor shall mean each end every Trustor, and all references to Borrower shall mesn
<br />each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Daed
<br />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 constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br />provision or any other provision of this Deed of Trust, No prfor weiver by Lender, nor any course of dealing
<br />between Lender and Trustor, shall constitute a walver of any of Lender's rights or of eny of Trustor's obligations
<br />as to any future trensactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instence shall not constitute continuing consent to subsequent instences where
<br />such consent is required and in all ceses such consent may be granted or withheld in the sole discretion of Lender.
<br />Severabilky. If a court of competent jurisdlction finds any provision of this Deed of Trust to be illegal, invelid, or
<br />unenforceable as to any circumstance, thet finding shall not make the offending provision illegal, invalid, or
<br />unenforceable as to any other circumstance. If feasible, the offending provision shall be consfdered modified so
<br />that it becomes lega4, valid and enforceable. If the offending provision cannot . be so rrrodifled, it shall be
<br />considered .deleted from this Deed of Trust. Unless otherwise required by lew, •the illegaUty, InvaNdity, or
<br />unenforceability of any provision of this Deed of Trust ahall not effect 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 upon and inure to the benefit of the parties, their successors and assigns. If
<br />ownership of the Property becomes vested ln a person other than Trustor, Lender, without notice to Trustor, may
<br />deal with Trustor's successors with reference to th(s Deed of Trust and the Indebtedness by wey of forbearance or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or liab(lity under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Walve Jury. All parties to this Deed of Trust hereby walve the rlght to any jury trial in any actlo�, proceeding, or
<br />counterclaim brought by any party agalnst 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 ell Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shell have the following meanings when used in this Deed of
<br />Trust. Unless specifically steted to the contrary, all references to doller amounts shall mean amounts in lawful money
<br />of the United States of America. Words and terms used in the singular shall fnclude 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 Facchange Benk, and its successors and assigns.
<br />Borrower. The word "Borrower" means Mr. G's Cer Cere Center, Inc and includes all co-signers and co-makers
<br />signing the Note and all their successors and essigns.
<br />Deed of Trust. The words °Deed of Trust° mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br />includes without limitation all assignment 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 />Environmentel Laws. The words �"Environmental Laws° mean any and all state, �federel end local statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmentel Response, Compensation, and Liabllity Act of 1980, es amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA°I, the Supeffund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"), the Hazardous Materials Trensportation 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 appUcable state or federal laws, rules,
<br />or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default° mean any of th� event5 af �e�ault se� f�#f in this l�eed of Trust in
<br />the events of default section of this Deed of Trust. d._` � b�;'->: �: ��.'�
<br />: e , a ,:. ,�,<� �;
<br />Guaranty. The word °Guaranty" means the guaranty from gu�rantor;�nducs'sr-;�suFe't�c,�nF•accommodation party to
<br />Lender, inciuding without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean meterials that, because of thelr quentity,
<br />concentration or physical, chemical or infectlous charecteristics, may cause or pose a present or potentiai hazard
<br />to human health or the environment when improperly used, treated, stored, disposed of, generated, manufectured,
<br />transported or otherwise handled. The words °Hezerdous Substances° are used in their very broedest sense and
<br />include without limitation any and all hazardous or toxic substances, materials or waste as defined by or Usted
<br />under the Environmental Laws. The term "Hazerdous Substances" elso includes, without limitatlon, 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, additlons, replacements and other construction on the Real
<br />Property.
<br />indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenaea
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, modfflcations 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 Lender 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 />Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances
<br />provision, together with all interest tHereon and all amounts that may be indirectly secured by the
<br />Cross-Collateralization provision of this Deed of Trust.
<br />Lender. The word "Lender° means Exchange Bank, its successors and assigns.
<br />Note. The word "Note° means the promissory note dated December 2, 2011, i11 the original principal
<br />amount of $65 ,000.00 from Borrower to Lender, together with all renewels of, extensions of, modifications
<br />of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
<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 atteched or affixed to the Real Property;
<br />together with all eccessions, parts, end additions to, all replacements of, and all subsUtutions for, eny 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.
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