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� � � � �� �` � ` DEED OF TRUST � 0 �. 2 0 5 2 3 �
<br />(Continued)
<br />Page 7
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurlsdiction of the
<br />courts of Hall County, State of Nebraska.
<br />Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and
<br />several, and all references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean
<br />each and every Borrower. This means that each Trustor signing below is responsible for all obltgattons 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 wrlting 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 e provision of this Deed of Trust
<br />shall not prejudice or constitute a walver 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 eny 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 any provision of this Deed of Trust to be illegal, invalid, or
<br />unenforceable as to any person or circumstance, that finding shall not make the offending provislon illegal, invelid,
<br />or unenforceable as to any other person or circumstance. If feasible, the offending provlsion shall be considered
<br />modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall
<br />be 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 shall not effect the legality, validity or enforceabitity of any
<br />other provision of thls Deed of Trust.
<br />Successors and Assigns. Subject to any limitetions 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 beneflt of the perties, 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 />deal with Trustor's successors with reference to this 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 performence of this Deed of Trust.
<br />Waive Jury. All parties to this Dead of Trust hereby waive the right to any jury trial in any ection, proceeding, or
<br />counterclaim brought by any party against any other perty.
<br />Waiver of Homestead Exe[nption. Trustor hereby releases and weives all rights end benefits of the homestead
<br />exemption laws of the State of Nebreska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following cepitalized words and terms shall have the following meanings when used in this Deed of
<br />Trust. Unless specifically steted to the contrary, all references to dollar amounts shall mean emounts in lawful money
<br />of the United States of Americe. Words and terms used in the singuler shall include the plural, and the plurel shall
<br />include the singular, as the context mey require. Words and terms not otherwise defined in this Deed of Trust ahall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary° means F�cchange Bank, and its successors and assigns.
<br />Borrower. The word "Borrower° means T& S PROPERTIES, LLC end includes all co-signers and co-makers slgning
<br />the Note and all their successors and assigns.
<br />Deed of Trust. The words °Deed of Trust" mean thls Deed of Trust among Trustor, Lender, and Trustee, and
<br />includes without limitation all assignment and security interest provisions relating to the Peraonal 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 />Environmental Laws. The words °Environmental Laws" mean any and all state, federal and local statutes,
<br />regulations and ordinances relating to the protectfon ot human health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compen�in� • ¢'�SO;�s�amended, 42
<br />U.S.C. Section 9601, et seq. (°CERCLA°1, the Superfund Amendmenta"e7��=� ciki���tf6`�A�t' of 1 Pub. L.
<br />No. 99-499 ("SARA°1, the Hazardous Meterials Transportation Act, �4� U�:�.� '� 0 U;�@t�� he Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et s , �q�;n,�laer; �°''a �' - 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 accommodetion party of any or all of the
<br />Indebtedness.
<br />Guaranty. The word °Gueranty" means the guaranty from Guarantor to Lender, including without limitation a
<br />guaran,ty of all or pert of the Note.
<br />Hazardous Substances. The words °Mazardous Substances° mean materials that, because of their quantity,
<br />concentration or physical, chemical or infectious characteristics, may ceuse or pose a present or potential hazerd
<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° ere used in their very broadest sense and
<br />include without limitation any and all hazardous or toxic substances, materiels or waste es deflned by or listed
<br />under the Environmental Lews. The term "Hazerdous Substances° also includes, without limitatfon, 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, modiflcations 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 obUgetions 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 tuture 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, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated June 27, 2012 in the original principal amount
<br />of $203,046 from Borrower to Lender, together with ell renewals of, extensions of, modifications of,
<br />refinencings of, consolidetfons of, and substitut(ons for the promissory note or agreement. NOTICE TO TRUSTOR:
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