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DEED OF TRUST 2 p 12 0 013 � page 9
<br />Loan No: 101247796 (Continued)
<br />Successors and Asslgns. Subject to any Ifmitations steted in this Deed of Trust on transfer of Trustor's interest,
<br />this Deed of Trust shall be binding upon end inure to the benefit of the parties, their successors end assigns. If
<br />ownership of the Property becomes vested in a person other then Trustor, Lender, without notice to Trustor, may
<br />deal with Trustor's successors with reference to this Deed of Trust 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 end 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 specificelly stated to the contrary, all references to dollar amounts shell mean amounts (n lewful 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 shell
<br />have the meanings attributed to such terms in the Uniform Commerciel Code:
<br />Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means AUTO ONE, INC. and includes all co-signers and co-makers signing the
<br />Note and all their successors and essigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, end Trustee, and
<br />includes without limitati n all assignment and security interest provisions relating to the Personal Property end
<br />Rents.
<br />Default. The word "Defa It" means the Default set forth in this Deed of Trust in the section titled "Default".
<br />Environmental Laws. T e words "Environmental Lews" mean any and all state, federal and local statutes,
<br />regulations and ordinan es releting to the protection of humen health or the environment, including without
<br />limitation the Comprehen ive Environmental Response, Compensetion, 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"1, the Haaardous 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 />Evant 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 />Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party 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 Substances" mean materials that, because of their quantity,
<br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or potentiel hazard
<br />to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
<br />transported or otherwise handled. The words "Hazerdous Substances" are used in their very broadest sense and
<br />include without limitetion any and all hazardous or toxic substances, materials or waste es defined by or listed
<br />under the Environmental Laws. The term "Hazardous Substances" also includes, without Iimitation, 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, �grsstrsaa�d other�anroant�; i ,� s nd expenses
<br />payable under the Note or Related Documents, together withb atl ieneviials df, extQrisrons af^ mo ifications of,
<br />consolidatfons of end substitutions for the Note or Related Docu'ment9 and eny amou�ts ex�end�.cd,,pr advanced by
<br />Lender to discharge Trustor's obligations or expenses incurred by ;'�rA94��ide.C. to '�enforce Trustor's
<br />obligations under this Deed of Trust, together with interest on su'ch amounts as provided in this Deed of Trust.
<br />Speciffcally, without Ifmitation, Indebtedness includes 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 and assigns.
<br />Note. The word "Note" means the promissory note dated December 24, 2011, In the original principal
<br />amount of 5400 ,000.00 from Trustor to Lender, together with all renewels 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 22, 2016,
<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, ell replacements of, and all substitutions for, any of such
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