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DEED OF TRUST � p�� p g 4 4�
<br />(Continued) Page 4
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Walve Jury. All parttes to this Deed of Trust hereby watve the rlght to any jury trlal in any actlon, proceeding, or
<br />counterclaim brought by any party against any other party.
<br />Waiver of Homestead Exemptton. 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 capitalized words and terms shall have the following 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 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 PINNACLE BANK, and its successors and assigns.
<br />Borrower. The word "Borrower" means RFR PROPERTIES, LLC; and RICHARD F RAFFAELI and includes all
<br />co-signers and co-makers 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, and Trustee, �nd
<br />includes without limitation all assign:nent and security interest provisions relating to the Personal Pruperty and
<br />Rents.
<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, Compensation, and Liability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"1, the Hazardous Materials 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 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 of 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 of the Note.
<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, modifications 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 obligations or expenses incurred by Trustee or Lender to enforce T�ustor'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 future advances set forth in the Future Advances
<br />provision of this Deed of Trust, together with all interest thereon.
<br />Lender. The word "Lender" means PINNACLE BANK, its successors and assigns.
<br />IUo4e. The ✓�ard "Note" means the promissory note datod Occober S, 2012 fi� $�i18 OPI�EiIaI g}PilCI�7�I 8R1t`YU�Ii
<br />Of $205 from Trustor to Lender, together with a0 renewals ,of� extensions� of, modificativns' of,
<br />refinancings of, consolidations of, and substitutions for the promissory note or agreemerttic
<br />Personal Property. The words "Personal Property" mean all equipment, fixfures, and other articles of personal
<br />property. now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Reab Property;
<br />together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
<br />property; and together with all proceeds (including 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 propeny, interests and rights, as further 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, collatqral mortgages, and all other instruments, agreements and documents, whether now or hereafter
<br />existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
<br />other benefits derived from the Property.
<br />Trustee. The word "Trustee" means PINNACLE BANK, whose address is PO BOX 187, PALMER, NE 68864 and
<br />any substitute or successor trustees.
<br />Trustor. The word "Trustor" means RFR PROPERTIES, LLC; and RICHARD F RAFFAELI.
<br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH
<br />TRUSTOR AGREES TO ITS TERMS.
<br />TRUSTOR:
<br />RFR PROPERTI , LLC
<br />gy: /� /�
<br />RICH RD F RAFFAELI, Member of RFR PROPERTIES, LLC
<br />X
<br />C D F RAFFAELI, Indlvldually
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