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DEED OF TRUST � 01 � 0 4 2 6 7
<br />Loan No: 5004586 (Continued) Page 7
<br />provision or eny 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 />Severability. If a court of competent jurisdiction finds eny provision of this Deed of Trust to be illegal, invalid, 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 offending provision cannot be so modified, it shall be
<br />considered deleted from this Deed of Trust. Unless otherwise required by law, the illegatity, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of eny
<br />other provision ot this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations 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 a person other than Trustor, Lender, without notice to Trustor, may
<br />deai 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 />Tima is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waive Jury. All parties to this Daed of Trust hereby waive the right to any jury trial In any action, proceeding, or
<br />counterclaim brought by any party against any other parly.
<br />Waiver of Homestead Examption. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the State of Nebraska as to ail 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 doliar emounts shall mean amounts in lawful money
<br />of the United States of America. Words and terms used in the singular shell include the plurel, and 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 />Beneficiary. The word "Beneficiary" means CITIZENS BANK & TRUST COMPANY, and its successors and assigns.
<br />Borrower. The word "Borrower" means US 3, LLC and includes all co-signers and co-makers signing the Note and
<br />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 ail 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 />Environme �s-�c�rd� ^��irnnmental Laws° mean any and all state, federal and local statutes,
<br />regulations a�: ordlnand9s,.•rel��r6g�,to ;tF�;g�ro ection of human health or the environment, including without
<br />limitation t e Co"r�ipr��qen�ive,�E'�s�p,�rrrerrtal R� onse, Compensation, and Liability Act of 1980, as amended, 42
<br />U.S.C. Sec ion �OQ� �t.SQq� .('�CEi�C1.A"1,_the, uperfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-49 " ransportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Consenration and Recovery Act, 42 U.S.C. Section;6901, et seq., o[ other applicable state or federal 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 />Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of eny or all of the
<br />Indebtedness.
<br />Guaranty. The word °Guaranty" means the guaranty from Guarantor to Lender, including without limitation e
<br />guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br />concentration or physical, chemical or infectious characteristics, mey cause or pose a present or potential 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 Ifmitation any and all hazardous or toxic substances, materiais or waste as defined by or Iisted
<br />under the Environmental Laws. The term °Hazardous Substances° also includes, without limitation, patroleum 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 aff(xed on the Real Property, facilities, additions, replacements and other construction on the Real
<br />Propeny.
<br />Indabtedness. The word °Indebtedness° means all princfpal, interest, and other amounts, costs and expenses
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, modificetions of,
<br />consolidations of and substitutions for the Note or Related Documants 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 Futura Advances
<br />provision, together with ail interest thereon and all amounts that may be indirectly secured by the
<br />Cross-Collateralization provision of this Deed of Trust.
<br />Lender. The word "Lender" means CITIZENS BANK & TRUST COMPANY, its successors and assigns.
<br />Note. The word "Note" means the promissory note deted May 22, 2012, in the originai principal amount
<br />of $125,105 from Trustor to Lender, together with all renewals of, extensions of, modifications of,
<br />refinancings of, consolidations of, and substitutions for the promissory note or egreement.
<br />Personal Property. 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 ettachad 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 sele or other disposltion 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
<br />Deed af Trust.
<br />Related Documents. The words °Related Documents° mean all promissory notes, credit agreements, loan
<br />agreements; environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br />a , J' .
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