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201200047
<br /> DEED QF TRUST
<br /> Loan No: 81C292 (COntlllUed) Page 7
<br /> Choice of Venue. If there is a lawsuit,Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hall County,State of Nebraska.
<br /> No Waiver by Lender. Lender shall not be deemed to have waived any rigF�ts under this Deed of Tr�st unless such
<br /> waiver is given in writing and signed by Lender. No delay ar omission on the part of Lender in exercising any eight �
<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 �.vaiver of Lender's right otherwise to demand strict compliance with that
<br /> provision 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 Lende:r is requi�.red unde�this Deed of Trust,the granting
<br /> of such consent 6y Lender in any instance shall not constitute continuing consent to subsequent instances where
<br /> such consent is Yequired and in all cases such consent may be granted or withheld in the sol�e discretion of Lender.
<br /> Severabiiity. Ifi a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid,or
<br /> unenforceable as to any circumstance, that finding shall not rnake the offending provision iilegal, invalid, or
<br /> unenforceable as to any other circumstance. ;lf feasi6le,the offending provision shall be considered modffied so
<br /> that it becornes legaf, valid and enforceable. lf the offending provision cannot 6e so modified, it shall be
<br /> considered deleted from tFiis Deed of Trust Unless otherwise required by law, fhe 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 this Deed of Trust on transfer of Trustor's interest.
<br /> this Deed of Trust shali be binding upon and inure to the benefit of the parties,their successors and assigns. If
<br /> ownership of the Property becomes vested in a person other than Trustor,Lender,without notice to Trusmr, may
<br /> deal with Trustor's successors with reference to this�eed of Trust and the Indebtedness hy way of forbearance or
<br /> eMension without releasi�g Trusfor from the obiigations of this Ueed o#Trust or Iiability under the Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br /> Waive Juey. All parties to this Deed of Trust hereby waive the right to any jury Yrial in any action,proceeding,or
<br /> counterclaim 6rought by eny party against any�other party. �
<br /> Waiver of Homesfead 6cempiion. Trustor hereby releases and waives all�rights antl benefits of the homestead
<br /> exemptio�laws of th0 State of Ne6raska as to alI Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The fallowing capitaiized words and terms shall have the following meanings evhen used in this Deed of
<br /> Trus#, Unless specificalfy stated to the contrary,ail references to dolfar amounts shall mean amounts in lawful money
<br /> of the United States of America. Words and terms used in the singular shall include the plurai, and the pluraf shall
<br /> include the singular,as the co�text 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 Equita6le Bank,and its successors and assigns. .
<br /> Borrower. The word"Borrower".means WING PROPERTIES INC and includes ail co-signers and co-mal<ers signing
<br /> the Note and all their successors and assigns.
<br /> Deed of Trust. The words "Deed��.of TrusY' mean this Deed of Trust among Trustor, Lender,�and Trustee, and �
<br /> includes wifhout Iimitation all assignment antl security interest orovisions relating to the Personal Property and
<br /> Rents. '
<br /> Default. The word"DefaulY'means the Default set forth in this Deed of Trust in the section titled"Defauit".
<br /> Environmental Laws. The words "E�vironmental Laws" mean any and alI state, federal and local statutes,
<br /> regulations and ordinances eelating to the protection of human health or the environment, including without
<br /> Iimitation the Comprehensive Environmental Response, Compensation,and Liability Act of 1980,as amended,.42
<br /> U.S.C. Section 9601,et seq. ("CERCLA"),the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br /> No.99-499("SARA"L the Hazardous Materials Transportation Act,49 U.S.Q SecYion 1801,et seq.,.the Resource
<br /> � Co�servation and Recoveiy Act,42 U.S.C.Section 6901;et seq.,or other appiica6le state or fedecal laws,rules,
<br /> or regulations adopted pursuant thereto. .
<br /> Event of Defau9t. The words"Event of Default"mean any of the events of default set forth in this Deed ofi 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 /> Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation parEy of any or all of the�
<br /> Indebtedness. . �
<br /> Guaranty. The word "Guaranty" means the��guaranty from Guarantor to Lender, including without limitation a
<br /> guaranty of all or part of the�Note. .
<br /> Hazardous Substances. The words "Hazardous Sutistances" 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 otherwise fiandled. The words"Hazardous SubsYances" are used in the�r very broatlest sense and
<br /> include without limitation any and aIl hazardous or toxic substances, materials or waste as defined by pr listed
<br /> under the Environmental Laws. The term"H.azardous Substances"also includzs,without limitation,petroleum and
<br /> petroleum by-products or any fraction thereof 2nd asbestos. �
<br /> Improvemenfs. The word "Improvements" means all existing and future improvements, buildings, structures, �
<br /> � mobile homes affixed on the Reai Property,facilities,additions, replacements and other consttuction on the Real
<br /> Properiy. �
<br /> Indebtedness. The word "Indebtedness" means all principal., interest, and other amounts, costs and expenses
<br /> payable under the Note or Refated Do�cuments, mgether with all renewals of, eMensions of, modifications of,
<br /> consolidations of and substitutions for the NoYe or Related Documents and any amouMS expended or advanced by
<br /> Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustar's
<br /> obligations under this Deed of Trust, together ovith interest on such amounts as provided in this Deed of Trust.
<br /> Specifically, without limitation, Indebted�ess includes all amounts that may be i.ndirectly secured by the
<br /> Cross-Collateralization provision of Yhis Deed of Trust.
<br /> Lender. The word"Lender"means Equitable Bank,its successors and assigns.
<br /> Note. The word"Note"means the promissory note dated January 3,2012,itl#Fle OY19ttT�I pYIllClpa{1f1lOLLIlY
<br /> Of $100.0��.00 from Trustor to Lender, together v�ith all renewals of, exTensions of, modifieations of,
<br /> refinancings of,consolidations of,and substitutions for the promissory note or agreeme�t.NOTICE TO TRUSTOR:
<br /> THE NOTE CONTAtNS A VARIABLE 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 Trusmr, and now or hereafter aitached or affixed to the Real Property;
<br /> together with ali accessions, parts, and additions to, all replacemenYS of, and all su6stitutions for,any of s�ch
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