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�. DEED OF TRUST 2 p 12 U 5 71 � (Continued) Page 7 Governing Law. This Deed of Trust will be govemed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Stete of Nebraske without regard to its confllcts of law provisions. This Deed of Trust has been accepted by Lender in the Stete of Nebraska. Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County, State of Nebraska. Joint and Severel Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust. Where any one or more of the parties is a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of eny of the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Deed of Trust. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender end Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegel, Invalld, or unenforceable es to any circumstance, that finding shall not make the offending provision illegal, invelid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered mod(fied so that if becomes legal, velid and enforceable. If the offending provision cannot be so modlfied, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shali be binding upon and inure to the benefit of the parties, their successors and asaigns. If ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearence or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive tha right to any jury uial In any actlon, procaeding, or counterclalm brought by any party against any other party. Waiver of Homestead Exemption. Trustor hereby releasea and waives all rights and benefits of the homestead axemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shell have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word °Beneficiary" means Exchange Bank, and its successors and assigns. Borrower. The word °Borrower" means FRANCIS FAMILY LLC and FRAIVCIS DUPLEX LLC and includes ell co-signers and co-makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Default° means the Default set forth in this Deed of Trust in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local stetutes, regulations and ordinances relating to the protection of humen ' �' without limitation the Comprehensive Environmental Response, Compensa o£t;''�a'nrJ'L"i��l��ti#la��,A s a nded, 42 U.S.C. Section 9607, et seq. ("CERCLA"1, the Superfund Amend en��d Act o� 19 , Pub. L. No. 99-499 ("SARA"), the Hazardous Matertals Transportation Act 4�� QaT�S'�$�, �q��kf Resource Conservation and Recovery Act, 42 U.S.C. Sectlon 6901, et seq., o ot er p c�"�4�1'�`�" ws, rules, or regulations adopted pursuent thereto. Event of Default. The words °Event of Default° mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Guaranty. The word "Guarenty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substences. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physicel, chemical or infectious characteristics, mey cause or pose a present or potentiel hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words °Hazardous Substences" are used in their very broadest sense end include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term °Haaardous Substances° also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word °Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilitfes, additions, replacements and other constructlon on the Real Property. Indebtedness. The word °Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Releted Documents, together with all renewels of, extensions of, modiflcations of, consolidetions of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's obligations under this Deed ot Trust, together with interest on such amounts as provtded 1n this Deed of Trust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision, together with all interest thereon and ell emounts that may be indirectly secured by the Cross-Collateralization provision of this Deed of Trust. Lender. The word "Lender" means Exchange Bank, its successors and essigns.