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<br />,,w�8�° ,"�,`a.° � +�`' DEED �0���«��Q�
<br />, , ,. :p (Continued) � Page 7
<br />No Walver by Lender. Lender shall not 6e deemed to have waived any Pights 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 a waiver of Lender's right otherwise to demand strict compliance with that
<br />provisiom 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 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 />Severab119ty. 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, 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 off�nding provision cannot be so modified, it shall be
<br />considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalid'tty, 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 />t . Suc�e e,�ssovs�and Asstgq�s. S�tbje�r.i tp -any, :�imi'�atians.ste�� in .this Deed ofi Tru�i on:#rans�ar, of Trus�tor's interest,
<br />, this [�eed of .�rus, shall be bir�ding u�qon and inura; �o the, benefit af the partie�, thQir s+�cr�±gsors �and :a�signs. If
<br />�ownersFiip of`tFie �roperty 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 forbeprance 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 partles to thls Deed of Trust hereby walve the right to eny Jury trlal in eny actlon, proceeding, or
<br />counterclalm brought by any party egalnst eny other party.
<br />Walver of Homestead F�cempUon. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the Stafe 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 shell mean amou�ts in lawful money
<br />of the United States of America. Words and terms used in the singular shall include the plursl, anil the plural shall
<br />include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall
<br />have'the meanings attributed to such terms in,the Uniform Commercial Code: ,
<br />Beneflctary. The word "Beneficiary" means Exchange Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means BREWER PROPERTIES 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, and Trustee, and
<br />includes without limitation all assignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Default. The word "Defeult" means the Defeult set forth in this Deed of Trust in the section titled "Default".
<br />Envtronmental 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 Comprehensivs Environmental Response, Cgmpensation, and Liability Act of 1980, as amended, 42
<br />CJ.S.C. Section 9601, et seq. �"CERCL4"), x�e Superfund A�at���►ts��'�Pon� of 1986, Pu6. L.
<br />No. 99-499 ("SARA"), the Hazardous Matertals Transportat�orF Act, ��` t'i S C. Sect3o'fi' et eq., the R9::o��r^^
<br />Conserwation�ar�d Recouer}E Act,�42`U:�.�:'6ec2ion�6901 t�s�qY,r�r�otl$at`a�f�SFPCf��lo state ar:fi�deral laws -,��'a"s� �— -_
<br />or regulations �dopted pursuaM thereto. � .: .,r __z
<br />� , � , .�
<br />�,,,,�.R-,..�,_,.�,�,�...�r'-: �,�:�. �
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of 7rust in
<br />the events of default section of this Deed of Trust.
<br />Ex(sting Indebtednesa. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br />provision of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantar, 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 "Flazardous Substances" mean materials that, because of their quantity,
<br />concentration or physical, chemical or infectious characteristics, may cause or pose e present or potential hazard
<br />to human health or the environment wh�n 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 all hazerdous or toxic substances, materials or waste 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 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, 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 br 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 />Specffiaally, without iimitatio�i, inde6t0dness`inctudes 'aN artioun�s thaf' may be` iridirec"tly �'secured� `by the
<br />Cross-Collateralization provision of this Deed of Trust.
<br />Lender, T.he_word "Lender" means.Exchange Baqk, its successors_and a�signs. _
<br />Note. The word °Note" means the promissory note dated May 7, 2012 in the original principal amount of
<br />$279 from Trustor to Lender, together with ell renewals of, extensions of, modifications of,
<br />refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO TRUSTOR:
<br />THE NOTE CONTAINS A VARIABLE INTEREST RATE.
<br />Personal Propertyr. 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 affixed to the Real Property;
<br />together with all accessions, perts, and additions to, all replacements of, and all substitutions for, any of such
<br />property; and together with all proceeds (including without limitation ell 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.
<br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this
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