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Loan No: 145300
<br />2013 7
<br />DEED OF TRUST
<br />(Continued) Page 7
<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 - .rust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights undf' this Deed of Trust unless such
<br />waiver is given in writing and signed by Lender. No delay or omission on the par' of Lender in exercising any right
<br />shall operate as a waiver of such right or any other right. A waiver by Lender o a provision of this Deed of Trust
<br />pr iAl s oRt prejudice or constitute a waiver of Lender's right otherwise to de nand strict compliance with that
<br />between Lendny other provision of this Deed of Trust. No prior waiver by +- ender, nor any course of dealing
<br />as to any future
<br />and Trustor, shall constitute a waiver of any of Lender's righs or of any of Trustor's obligations
<br />of such consent b
<br />such consent is requryan' sactions. Whenever the consent of Lender is required .rider this Deed of Trust, the granting
<br />' ender in any instance shall not constitute continuing. to subsequent instances where
<br />red and in all cases such consent may be granted or nnthheld in the sole discretion of Lender.
<br />Severability. If a cou.. this Deed of Trust to be illegal, invalid, or
<br />unenforceable as to any of competent jurisdiction finds any provision rov ,umstance, that finding shall not ma te the offending provision illegal, invalid, or
<br />unenforceable as to any other r :rcumstance. If feasible, the offe, ding provision shall be considered modified so
<br />that it becomes legal, valid a enforceable. If the offendid Provision cannot be so modified, it shall be
<br />De
<br />considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br />ri ity of any provision of this Deed of Trust shall not
<br />other affect the legality, validity or enforceability of any
<br />other provision of this Deed of Trus t
<br />Successors and Assigns. Subject t any limitations stated it this Deed of Trust on transfer of Trustor's interest,
<br />this Deed of Trust shall be binding pon and inure to the l'.nefit of the parties, their successors and assigns. If
<br />ownership of the Property becomes ested in a person otizr than Trustor, Lender, without notice to Trustor, may
<br />deal with Trustor's successors with r ference to this Deedof Trust and the Indebtedness by way of forbearance or
<br />extension without releasing Trustor fro\. the obligations o fthis Deed of Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the 4 ssence in the pe ormance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Truistor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the State of Nebraska as to all Indek•
<br />edness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized w ds and terms: -hall have the following meanings when used in this Deed of
<br />Trust. Unless specifically stated to the con�t all references to dollar amounts shall mean amounts in lawful money
<br />of the United States of America. Words a d terms use' in the singular shall include the plural, and the plural shall
<br />include the singular, as the context may req c uire. Word and terms not otherwise defined in this Deed of Trust shall
<br />have the meanings attributed to such terms hi the Unifo Commercial Code:
<br />Beneficiary. The word "Beneficiary" means CORNiRSTONE BANK, and its successors and assigns.
<br />Borrower. The word "Borrower" means Hayes Home Improvement, Inc.; Brian L. Hayes; and Adam L. Hayes and
<br />includes all 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, and
<br />includes without limitation all assignment and sbcurity 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 "Etivironmuntal Laws" mean any and all state, federal and local statutes,
<br />regulations and ordinances relating tW the Nrotection 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'), , .he Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99 -499 ( "SARA "), the Hazardous Ylatetials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation and Recovery Act, 42 U S.C. Section 6901, et sg „ gr plicablestate -or federal laws, rules,
<br />or regulations adopted pursuant thereto t
<br />Event of Default. The words "Event of'D ault" mean any of the ° events "of def-dult set forth in this Deed of Trust in
<br />the events of default section of this Dee of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
<br />Lender, including without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, 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 Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
<br />petroleum by- products or any fraction thereof and asbestos.
<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 Trustor'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, together with all interest thereon and all amounts that may be indirectly secured by the
<br />Cross- Collateralization provision of this Deed of Trust. However, "Indebtedness" shall not include any liabilities
<br />and obligations under any interest rate protection agreements or foreign currency exchange agreements or
<br />commodity price protection agreements, unless otherwisereereed in. wr ting; by Trustor and Lender.
<br />Lender. The word "Lender" means CORNERSTONE BANK, its successors and assigns:
<br />Note. The word "Note" means the promissory note dated. August, 28,- 2043, in the Original principal
<br />amount of $ 155,000.00 from Borrower to Lender, together Wifh "a1'r°tErtewats °of, extensions of, modifications
<br />of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
<br />property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real 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.
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