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201301354
<br /> DEED OF TRUST
<br /> (Continued) Page 9
<br /> transaction that is evidenced by the Note and this Deed of Trust has been applied for, considered, approved and
<br /> made, and all necessary loan documents have been accepted by Lender in the State of Kansas.
<br /> Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Johnson County, State of Kansas.
<br /> Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and
<br /> several, and all references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean
<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 acting or purporting to act on the entity's behalf, and any 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 as a waiver of such right or any 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 and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations
<br /> as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br /> of such consent by Lender in any 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 shall 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 /> that it becomes legal, valid and enforceable. If the offending provision 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 shalt not affect the legality, validity or enforceability of any
<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 shall be binding upon and inure to the benefit of the parties, their successors and assigns. 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 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 the performance of this 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 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 /> Beneficiary. The word "Beneficiary" means CrossFirst Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means Eby Realty Group, L.L.C. and includes all co-signers and co-makers signing
<br /> 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, and
<br /> includes without limitation all assignment and security Interest provisions 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 "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. I"CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br /> No. 99-499 ("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
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