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201206366
<br /> DEED OF TRUST
<br /> Loan No: 87007024 (Continued) Page 7
<br /> Time is ofi the Essence. Time is of tne essence in the performance of this�Deed of Trust.
<br /> Waive Jury. All parties to this Deed of Trust hereby waive tfie right to any jury trial in any action, proceeding. or
<br /> counterclaim brought by any party against any other party.
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br /> exemption laws ofi the State ofi Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The following capitalized words and terms shall have the fol�lowing meanings when used in this Deed of
<br /> Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money
<br /> of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall
<br /> include the singular, as the context may require. Words and terms not otherwise defined i�n this Deed of Trust shall
<br /> have the meanings attributed to such Yerms i�n the Uniform Commercial Code:
<br /> Beneficiary. The word ^Benefiiciary" means Equitable Bank, and iYs successors and assigns.
<br /> Borrower. The word "Borrower^ means LONGLEAF LLC and includes all co-signers and co-makers signing the
<br /> Note and all YF�eir 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 all assignment and security interest provisions relating to tne Personal Property and
<br /> Rents.
<br /> Default. The word "Default" means the Default set fiorth in this Deed of Trust in the section titl�ed "Default".
<br /> Environmental Laws. 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
<br /> limitation the Comprehensive Environmental Response, Campensation., and Li�ability Act of 1980, as amended, 42
<br /> U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act ofi 7986, Pub_ L.
<br /> No. 99-499 ("SARA"Y,the Hazardous Materials Transportation Act,49 U.S.C. Section 1801,et seq.,the Resource
<br /> Conservation and Recovery Aci, 42 U.S.C. Section 6901, et seq., or other applicable state or fiederal 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 any or all ofi the
<br /> Indebtedness.
<br /> Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a
<br /> guaranty of all or part ofi the Note.
<br /> Hazardous Substances. The words "Hazardous Substances" mean materiais that, because of their quantiiy,
<br /> concentration or physical, chemical or infectious characteristics, may 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 limitation any and all hazardous or toxic substances, materials or waste as defiined by or listed
<br /> under the Environmental Laws. Tfie term "Hazardous Substances" also indudes, without limita'tion, petroleum and
<br /> petroleum by-producis or any fraction thereof and asbestos.
<br /> Improvements�. The word "Improvements" means all existing and future improvements, buildings, structures,
<br /> mobi.le 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 /> payabla.unde.r�.�he,.T1\lqT�.,;,g7,.�3,_el,a�t d. 'ocuments, together with all renewals of, extensions of, modificaiions of,
<br /> consolida5iorismf�aic�:s�bsf�'fi�iorts Yor.xhe;Note or Related Documents and any amounts expended or advanced by
<br /> Lend'er to�;sdischar,ge:��:T�u�o`��?� 6bl"�g:,�tior�s or expenses incurred by Trustee or Lender to enforce Trustor's
<br /> obligat�on�%un_deF[,thi���Dv�d[yo,# T[ust,,�:-;ta.gether with interest on such amounts as provided in this Deed of Trust.
<br /> SpeciPi'ca`�P", i o t"tirr`rita`t7dn;u�hnd�bt�d�ess includes the future advances set fiorth in the Future Advances
<br /> provision, together with all interest thereon and all amo.unts that may be indirectly secured by the
<br /> Cross-Collateralization provision ofi this Deed of Trust.
<br /> Lender. The word "Lender" means Equitable Bank, its successors and assigns.
<br /> Note. The word "Note" means the promissory note dated July 31, 201 2, Ill 'C�10 ori.ginal principal amount
<br /> of S 1,595�000.00 from Trustor to Lender, together with all renewals ofi, extensions ofi, modifications of,
<br /> refinancings of, consolidations ofi, and subs'titutions fior the promissory note o�agreement. N0710E TO TRUSTOR=
<br /> THE NOTE CONTAWS A VARIABLE INTEREST RATE_
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles� of personat
<br /> proper[y now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property;
<br /> together with all accessions, parts, and add.itions to, a❑ replacements of, and all substitutions for, any of such
<br /> property; and together with all proceeds (induding without limitation all insurance proceeds and refunds of
<br /> premiums) from any sale or other disposition 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 fiurther described in this
<br /> Deed of 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 /> deeds, collaieral mortgages, and all other instruments, agreements and documents, w�netner now or hereafter
<br /> existing,executed in connecti.on with the Indebtedness.
<br /> Rents. The word "Rents" means all present and future rents, revenues, income, issues, royaliies, profits, and
<br /> other benefits derived fro.m the Property.
<br /> Trustee. The word "Trustee" means Equitable Bank (Grand Island Region), whose address is "I'13-"I"15 N Locust
<br /> St; PO Box 1 60, Grand Island, NE 6�8802-01 60 and any substitute or successor trustees.
<br /> Trustor. The word "Trustor" means LONGLEAF LLC.
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