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� w DEED OF TRUST 2 012 0 0 8 0�
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<br />several, and all references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean
<br />each end every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed
<br />of Trust.
<br />No Waiver 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 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 e wafver of Lender's right otherwise to demand strict complfance with that
<br />provision or any other provision of this Deed of Trust. No prior weiver by Lender, nor any course of deaAng
<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 Lender is required under this Deed of Trust, the grenting
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instences where
<br />such consent is required and in all cases such consent may be granted or withheld in the sole discretion 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 eny person or circumstance, that finding shall not make the offending provision illegel, invalid,
<br />or unenforceable as to any other person or circumstence. If feasible, the offending prov(sion shall be consldered
<br />modified so that it becomes legal, valid and enforceable. If the oifending provision cannot be so modified, it shall
<br />be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invaUd(ty, 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 lnterest,
<br />this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and essigns. If
<br />ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may
<br />deal with Trustor's successors with reference to thia Deed of Trust and the Indebtedness by way of forbearence 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 />Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceedin8, or
<br />counterclaim brought by any party against any other party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights end benefits of the homestead
<br />exemption laws of the Stete of Nebraska as to ell Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when u�ed in this Deed of
<br />Trust. Unless specificaliy stated to the contrery, all references to dotlar amounts shall mean amounts in lawflul monay
<br />of the United 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 defined in this �'eed of Trust shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneflciary. The word "Beneficiary" means Exchange Bank, and its successors and assfgns.
<br />Borrower. The word "Borrower" means Furniture Street, Inc. and includes all co-signera and co-makers signing the
<br />Note and all their 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 limitatton all assignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Defauit. The word "Default" means the Default set forth in this Deed of Trust in She geat�on titled "Default".
<br />Environmental Laws. The word's "Environmental Lawa" mear� a`hy� anr� aIC 'state, �f�tleral 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, end 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 1"SARA"1, the Hazardous Materials T�ansportatfon Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6907, et seq., or other applicable state or federel 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 Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
<br />Lender, including without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazerdous Substances" mean materials that, beceuse of their quantity,
<br />concentration or physical, chemicel or infectious characteristics, may cause or pose a present or potential hazard
<br />to human health or the environment when improperly used, trQated, stored, disposed of, generated, manufactured,
<br />transported or otherwise handled. The words °Hazardous Substances" are used in their very broadest sense and
<br />include without limitation any and all hazardous or toxic substances, materials or weste 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 asbastos. '
<br />Improvements. The word "hmprovements" means all existing and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, facilities, edditions, replecements and other construction on the Real
<br />ProperCy.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
<br />consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
<br />Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender 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 includes the future advances set forth in the Future Advances
<br />provision, together with all interest thereon and ell amounts that may be indirectly secured by the
<br />Cross-Collateralization provision of thls Deed of Trust.
<br />Lender. The word "Lender" means F�cchange Bank, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated January 26, 2012, i11 th� original principal
<br />amount Of $50 from Borrower to Lender, together with all renewals of, extensions of, modiflcations
<br />of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
<br />Personal Property. The words "Personal Property° mean all equipment, fixtures, and other articlea of personal
<br />property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property;
<br />together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
<br />property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
<br />premiums) from any sale or other disposition of the Property.
<br />Property. The word "Property" means collectively the Real Property and the Personal Property.
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