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� � DEED OF TRUST 2 � 12 0 4 9 5 j
<br />(Continued) Page 7
<br />courts of Hell County, State of Nebraska.
<br />No Waiver by Lender. Lender shall not be deemed to have waived eny 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 a waiver of such right or any other right. A waiver by Lender of e provislon of this Deed of Trust
<br />shall not prejudice or constitute a weiver of Lender's right otherwise to demand strict compliance with thet
<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 obligadons
<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 required and in all cesea such consent mey be granted or withheld in the sole discretlon of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegel, invelid, or
<br />unenforceable as to any circumstance, that finding shall not make the offending provision illegel, fnvafld, or
<br />unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modifled so
<br />that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, ' it shell ba
<br />considered deleted from this Deed of Trust. Unless otherwise required by lew, the illegality, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shell not affect the legaflty, 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 interest,
<br />this Deed of Trust shall be binding upon end 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 end the Indebtedness by wey of forbearance or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or ItabiUty under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed ot Trust.
<br />Waive Jury. All parties to this Deed of Trust hareby waive the right to any jury trial in any actlon, proceeding, or
<br />counterclaim brought by any perty against any other party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the State of Nebraske es to ell Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Dead of
<br />Trust. Unless specifically stated to the conVery, all references to doller 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 plurel shell
<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 Commerciel Code:
<br />Beneficiary. The word "Beneficiary" means Exchange Bank, and its successors and assigns.
<br />Borrower. The word "Borrower° means 0'CONNOR RESIDENTIAL, LLC and includes all co-signers.and camakers
<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 limitat(on all essignment and security interest provisions relating to the Personal Property and
<br />Rents.
<br />Default. The word "Default" means the Default set forth in this D ed of Trust irrf _ -°Default".
<br />� `r�:'� � , ,�r;pf�� ..
<br />Environmental Laws. The words °Environmental Laws" mea � a�,y and all st�, eral� and local statutes,
<br />regulations and ordinances relating to the protection of huma h�alth or tha �,� e, including without
<br />limitation the Comprehensive Environmental Response, Compens�;°and Liaa# SU, es amended, 42
<br />U.S.C. Section 9601, et seq. (°CERCLA"1, the Superfund Amendments and Reauthorizetion Act of 1988, Pub. L.
<br />No. 99-499 ("SARA"1, the Hazardous Meterials Transportation 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 federal laws, rules,
<br />or regulations edopted 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 "Hazardous Substances" mean meterials that, because of their quantity,
<br />concentration or physical, chemical or infectious characteristics, may ceuse or pose a present or potential hazard
<br />to human health or the environment when improperiy used, treated, stored, disposed of, generated, menufactured,
<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 waste as deflned by or listed
<br />under the Environmental Laws. The term "Hazardous Substances° also includes, without Ilmitation, petroleum and
<br />petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. Tha word "Improvements" means all existing and future improvements, bufldings, structures,
<br />mobile homes effixed on the Real Property, fecilities, additions, replecements and other consuuction 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 ell renewals of, extensions of, modlflcations of,
<br />consolidations of and substitutions for the Note or Related Documents and any emounts expended or advanced by
<br />Lender to discharge Trustor's obllgetions 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 />Speciflcally, without limitation, Indebtedness includes the future advances set forth in the Future Advances
<br />provision, together with all 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 Exchange Bank, fts successors and assigns.
<br />Note. The word "Note° means the promissory note dated June 16, 2012 in the original principal amount
<br />of $4 ,400,000.00 from Trustor to Lender, together with all renewals of, extensions of, modiflcations of,
<br />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 ettached or affixed to the Real Property;
<br />together with ell accessions, parts, and additions to, all replacements of, and all substitutions for, eny of such
<br />properry; and together with all proceeds (including without limitation all insurance proceeds and refunds of
<br />premiums) from any sale or other disposition of the Properry.
<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 thia
<br />Deed of Trust.
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