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DEED OF TRUST 2 012 0 5 5 2 7 Page 9
<br />Loan No: 101254750 (Continued)
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to
<br />Lender, upon request, a certified statement of net operating income received from the Property during Trustor's
<br />previous fiscal year in such form end detail as Lender shell require. "Net operating income" shall mean all cash
<br />receipts from the Property less all cash expenditures made in connection with the operetion of the Property.
<br />Ception Headings. Caption headings in this Deed of Trust are for convenience purposes only and ara not to be
<br />used to interpret or define the provisions of this Deed of Trust.
<br />Merger. There shell be no merger of the interest or estate created by this Deed of Trust with any other interest or
<br />estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Governing Law. This Daed of Trust will be governed by federal law appllcable to Lender end, to the extent not
<br />preempted by federal law, the laws of the State of Nebraska without regard to tts conflicts of law provisions. This
<br />Deed of Trust has been accepted by Lender in the Stete of Nebreska.
<br />Choice of Venue. If there is e lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hell County, State of Nebraske.
<br />Joint and Several Liability. All obligatioos of Borrower and Trustor under this Deed of Trust shall be joint and
<br />several, and all references to Trustor shall mean each end every Trustor, and all references to Borrower shall meen
<br />each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed
<br />of Trust. Where any one or more of the parties is a corporation, partnership, limited liability company or similar
<br />entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members,
<br />or other agents ecting or purporting to act on the entity's behalf, end eny obligations made or created in reliance
<br />upon the professed exercise of such powers shall be guaranteed under this Deed 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 writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br />shall operate es a waiver of such right or eny 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 />provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br />between Lender end Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligetions
<br />as to any future transactions. WheneJer the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in eny 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 circumstance, that finding shell 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 />thet it becomes legal, velid end enforceable. If the offending provisfon cannot be so modified, it shall be
<br />considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, 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 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 shell be binding upon and inure to the benefit of the parties, their successors and essigns. 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 frorii the obligations of this Deed of Trust or liebility under the Indebtedness.
<br />Time is of the Essence. Time is of the e�sence in the performance of this Deed of Trust.
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<br />Waiver of Homastead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitelized words and terms shall have the following meanings when used in this Deed of
<br />Trust. Unless specificelly stated to the contrary, all references to dollar emounts 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 plural shell
<br />include the singular, as the context mey require. Words end terms not otherwise defined in this Deed of Trust shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneflciary. The word "Beneficiary" means Five Points Bank, end its successors and assigns.
<br />Borrower. The word "Borrower" means ZOUL HOSPITALITY LLC and ZACHARY Z ZOUL aka ZACHARY Z ZOUL
<br />SR and includes all co-signers and co-ma�Cers signing the Note and all their successors and assigns.
<br />Deed of Trust. The wards "Deed of Trust" mean this Deed of Trust emong Trustor, Lender, and Trustee, and
<br />includes without limitation all assignment and security interest provisions releting 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 />Environmentel Lews. 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
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