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201210846
<br /> DEED OF TRUST
<br /> Loan No:81001866 (Continued) Page 7
<br /> ownership of the Property becomes vested in a persen other than Trustor,Lender,without notice to T�ustor,may
<br /> deal with Trusfor'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�he performance of ihis Deed of Trust.
<br /> Waive Jury. All parties to this Deed of Trust hereby waive the 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 here6y releases and waives all rights and be�efits 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 /> Trusi. Unless specifically stated to the contrary,all references to dollar amounts shall mea�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 ierms not otherwise defined in this Deed of Trust shall
<br /> have the meanings attributed to such terms in the Uniform Comme�cial Code:
<br /> Beneficiary. The word"Beneficiary"means Equitable Bank,and its successors and assigns.
<br /> Bonower. The word "Borrower" means WWG PROPERTIES, INC�. and includes alf co-signers and co-malcers
<br /> signing the Noie and all their successors and assigns.
<br /> Deed of Trust. The words "Deed of TrusY' mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> includes wiihout limitation all assignment and security interest p:rovisions relating 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 /> Environmental Laws. The words "Environmenfal Laws" mean any and all state, federal and locai statutes,
<br /> regulations and ordinances relating to the protection of human health or the environment, induding 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 1"SARA"),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 /> Hazardous Su6stances. The words "Hazardous Substances" mean materials tfiat, because of their quantity,
<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 defined by or listed
<br /> under the Enviro�mental Laws. The term"Hazardous Substances"also indudes,without limitation,petroleum and
<br /> petroleum by-products or any fraction thereef and asbestos..
<br /> Improvemerrts. The word "Improvements" means all existing and iuture improvements; buildings, structures,
<br /> mobile homes affixed on the Real Property, facilities,additions, repiacemen2s and other construction on the Real
<br /> Property.
<br /> Indebtedness. The word "Indebtedness" means ali principal, inierest, and other amounts, costs and expenses
<br /> payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
<br /> co�solidations of and substitutions for the Note or Related Documents and any amounts expended or advanced 6y
<br /> Lender to discharge Trustor's o6ligafions or expenses incurced by Trustee or Lender to enforce Trustor's
<br /> obligations under_this Deed of Trust,together with interesY on such amounts as provided i�n this Deed of Trust.
<br /> Specifically, without.limitation,�'lnd�ebted,�ne.ss..includes the future advances set forth in the Future Advances
<br /> provision, together� with all inierest��theFeon and all amounts that may be indirecUy secure8 by the �
<br /> Cross-Collatega�lization'provisiori ciP[tris�Deed•:ofi Trust. , �
<br /> 5�_,..N!.,
<br /> Lender. The word"Lender means^EQ�ni�ab�ank,,its successors and assiyns.
<br /> Note. Tne wcrd "Note" means the promissory note dated December 14, 2012, Ill the original principal
<br /> amount of $457,500.00 from Trustor to Lander;together with all renewais of,extensions of,modificaYions
<br /> of,refinancings of,consolidations of,and substitutions for the promissory note or agreemen�.
<br /> Personal Property. The words "Personal Property" mean all eauipment, fixtures, and other articles of personal
<br /> property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Proper'ty;
<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 a�d the Personal Property.
<br /> Real Property. The words"Real Property"mean the real property,interests and rights,as further described in this
<br /> Deetl of Trust. .
<br /> Related Documents. The words "Refated Documents" mean all promissory notes, credit agreements, loan
<br /> agreements, environmental agreements, guaranties, security agreements, mortgages, deeds off trust, security
<br /> deeds, collateral mo:tgages, 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 Equitab�e Bank(Grand Island RegioN,whose address is 713-115 N Locust
<br /> St;PO Box 160,Grand Island,NE 68802-07 60 and any substftute or successor trustees.
<br /> Trustor. The word"Trusmr"means WING PROPERTIES,INC..
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