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DEED OF TRUST 2 p�� 0 013'7
<br />Loan No: 101247790 (Continued) Page 9
<br />Successors and Assigns. Subject to any 8mitetions stated in this Deed of Trust on transfer of Trustor's interest,
<br />this Deed of Trust shell 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 Trustor, mey
<br />deal with Trustor's successors with reference to this 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 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 end waives all rights and benefits of the homestead
<br />exemption laws of the Stete of Nebreske as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shell heve the following meanings when usad in this Deed of
<br />Trust. Unless specifically stated to the contrary, ell �eferences to dollar amounts shell mean amounts in lawful money
<br />of the United States of America. Words and terms used in the singular shall include the plurel, 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 "Beneficiery" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means JACOBSEN ENTERPRISES, 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, end
<br />includes without limitation ell 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 titled "Default".
<br />Environmental Laws. The words "Environmentel Laws" mean any and all state, federal and local stetutes,
<br />regulations and ordinances releting to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmentel Response, Compensation, and Liability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"1, the Hezardous 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 Dafault. 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 />Guarantor. The word "Guarantor" means eny guarantor, surety, or accommodation party of any or all of the
<br />Indebtedness.
<br />Guararriy. 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 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 othervvise handled. The words "Hazardous Substances" are used in their very broadest sense and
<br />include without limitetion any and all hazardous or toxic substences, 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 princ , s �e��4i'�n'cs;'°eosts and expenses
<br />payable under the Note or Related Documents, together w��F� �en� �- o�, e#ensioris of •', modificetions of,
<br />consolidations of end substitutions for the Note or Related o�m�rl�s `sr5 �h��.� ounts expen�d or advanced by
<br />Lender to discharge Trustor's obligations or expenses �r.�,tiy. l Y�,��flnder 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 />Specifically, without limitation, Indebtedness inciudes the future advances set forth in the Future Advances
<br />provision of this Deed of Trust, together with all interest thereon.
<br />Lender. The word "Lender" means Five Points Bank, its successors end assigns.
<br />Note. The word "Note" means the promissory note dated December 24, 2011, in the original principal
<br />amOUllt Of $600,000.00 from Trustor to Lender, together with ell renewals of, extensions of, modifications
<br />of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of
<br />this Deed of Trust is December 20, 207 6.
<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 effixed to the Real Property;
<br />together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
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