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2012002�4
<br />DEED OF TRUST
<br />Loan No: 5863616932 (Continued) Page 13
<br />Lender, upon request, a certified statement of net operating income received from the Property during Trustor's
<br />previous fiscal year in such form and detail as Lender shall require. "Net aperatlng income" shall mean all cash
<br />receipts from the Property less all cash expenditures made in connection with the operatlon of the Property.
<br />CapUon Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br />used to interpret or deflne the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interast or
<br />estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Goveming Law. This Deed of Trust will be govemed by federal law applicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State of Nebraska without regard to its confllcts of law provislons. This
<br />Deed of Trust has been accepted by Lender In the State of Nebraska.
<br />No Walver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust untess such
<br />waiver is given in wriUng 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 othervvlse to demand strict compliance with that
<br />prov(sion or any other provision of this Deed of Trust. No prior walver by Lender, nor any course of dealing
<br />between Lender and Trustar, shall constitute a waiver of.any of Lender's rights or of any of Trustor's obligatlons
<br />as to any future transactions. Whenever the consent of Lender is required under this De� of Trust, the grantlng
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where
<br />such consent is required and in all cases such consent may be granted or withheld in the sole discretlon of Lender.
<br />Severability. If 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 flnding shall not make the oifending provision illegal, invalid, or
<br />unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so
<br />that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be
<br />considered deleted from this Deed of Trust. Unless othervvise required by law, the illegality, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the legaliry, validity or enforceability of any
<br />other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any Iimitations 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 beneflt of the parties, their successors and assigns. If
<br />ownership of the Property becomes vested in a person other than Trustor, Lender, without noUce 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 obligaUans of this Deed of Trust or liability under the Indebtedness.
<br />Tlme is of the Essence. Time is of the essence in the pertormance of this Deed of Trust.
<br />Waiver of Homestead Exemptlon. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exempUon laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following cepitalized 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 lavuful money
<br />of the Unfted Stetes 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 deflned in this Deed of Trust shall
<br />have the meanings attributed to such terms in the Unfform Commercial Code:
<br />Beneflclary. The word °Beneficiary" means Wells Fargo Bank, National Association, and its successors and
<br />assigns.
<br />Borrower. The word "Borrower" means PSK, LLC and includes all c�-signers and camakers signing the Note and
<br />all thefr successors and assigns.
<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 securfty 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 sectlon titled "Default".
<br />Environmental Laws. The words "Environmental Laws° mean any and all state, federal and local statutes,
<br />regulatlons and ordinances relaUng to the protection of human health or the environment, including without
<br />Iimitation the Comprehensive Environmental Response, Compensatlon, and Liability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. (°CERCLA°), the Superfund Amendments and Reauthorizatlon Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"), the Hazardous Materials Trensportatlon 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 federat 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 De� of Trust.
<br />(3uarantor. The word "Guarantor" means any guarantor, surety, or accommodatlon party of any or all of the
<br />Indebtedness.
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