°° � _ DEED OF TRUST � p 12 0 0 3 3 0
<br />Loen No: 101248288 (Continued) Page 9
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest 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 />Governing Law. This Deed of Trust will be governed by federal lew epplicable to Lender end, to the extent not
<br />preempted by federal law, the laws of the Stete of Nebreska wlthout regard to it.a conflicts of law provlsions. Thls
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<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 Wafver 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 operete as e 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 prior waiver by Lender, nor eny 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 />es to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<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 discretion of Lender.
<br />SeverabiNty. If e court of competent jurisdiction finds eny provision of this Deed of Trust to be illegel, invelid, or
<br />unenforceable es to any circumstance, thet finding shall not make the offending provision illegel, invalid, or
<br />unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so
<br />thet it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shell be
<br />considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invelidity, 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 end Assigns. Subject to any limitetions 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 in e person other than Trustor, Lender, without notice to Trustor, may
<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 obligetions of this Deed of Trust or liability under the Indebtedness.
<br />Time is of tha Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Facemption. Trustor hereby releases and waives all rights and 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 specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money
<br />of the United Stetes of America. Words and terms used in the singular shall include the plural, and the plural shell
<br />include the singular, es the context may require. Words end terms not otherwise defined in this Deed of Trust shall
<br />heve the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiery. The word "Beneficiary" means Five Points Benk, and its successors and assigns.
<br />Borrower. The word "Borrower" means PRATARIA VENTURES, LLC and includes all co-signers and co-makers
<br />signing the Note and all their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, end Trustee, and
<br />includes without limitation all assignment and securiry interest provisions relating to the Personal Property end
<br />Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Defeult".
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, es amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorizetion Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"1, 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 applicable state or federel lews, rules,
<br />or reguletions 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 defeult section of this Deed of Trust.
<br />Guarantor. The word "Guarantor" means any guarentor, 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 />Hezerdous Substences. The words "Hazardous Substances" mean materials that, because of their quentity,
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