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DE Con�t nued) 2 0�- 2 0 2 7� i
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<br />courts of Arapahoe County, State of Colorado.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Daed of Trust unless such
<br />waiver is given in writing end signed by Lender. No delay or omission on the part of Lender in exercising any right
<br />shall operete as a waiver of such right or any other right. A waiver by Lendar of a provision of this Deed of Trust
<br />shell 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 any 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 />as 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 shell not constitute continuing consent to subsequent instances where
<br />such consent is rsquired and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Severabi6ty. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invelid, or
<br />unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invelid; or
<br />unenforceabie as to any other circumstence. If feasible, the offending provision shall be considered modified so
<br />that it becomes legal, valid and enforceable. If the otfending provision cannot be so modified, it shelt be
<br />considered deleted ftom this Deed of Trust. Unless otherwise required by lew, the illegalfty, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the tagel'tty, validity or enforceability of any
<br />other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations steted in this Deed of Trust on transfer of Trustor's interest,
<br />this Deed of Trust shail be binding upon and inure to the benefit of the parties, their successors end assigns. 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 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 �e Easence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Nomastead F.�cemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the State of IVebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shafl heve the following meanings when used in this Deed of
<br />Trust. Unless specifically stated to the contrary, ell references to dollar amounts shall mean amounts in lawful money
<br />of the United States of Americe. 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 shatl
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary° means U.S. BANK N.A., and its successors end assigns.
<br />Bonowar. The word °Borrower° means KTDoubleMD, LLC and includes ell co-signers and co-makers signing the
<br />IVote and all iheir 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 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 />Environmeirtal 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 />limitetion the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br />U.S.C. Sectfon 9801, et seq. ("CERCLA°), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 (°SARA°1, the Hazerdous Materials Transportetiort Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 8901, et seq., or other applicable state or federal laws, rules,
<br />or regulations adopted pursuant thereto.
<br />EveM of Default. The words °Event of Default° mean any of the events of defeult set forth in this Deed of Trust in
<br />the events of default section of this Deed of Trust.
<br />Exlsting Indebtedness. The words "Existing Indebtedness° mean the indebtedness described in the Euisting Liens
<br />provision of this Deed of Trust.
<br />Guarantor. The word °Guarantor" means any guarantor, surety, or accommodation party of any o� ali ot the
<br />Indebtedness.
<br />Gueranty. The word "Guaranty" means the guaranty ftom Guarantor to Lender, including without limitation a
<br />guaranty of ali or part of the Note.
<br />Hazardous Substances. The words °Hazardous Substances° mean materials that, becausa of their quantity,
<br />concenVation 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 °Hazardous Substances° are used in their very broadest sense and
<br />include without limitation any and ail hazardous or toxic substances, materials or waste as defined by or listed
<br />under the Environmental Laws. The term "Hazardous Substances" atso includes, without limitation, petroleum and
<br />petroleum by-products or any fraction thereof and asbestos.
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