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201403961
<br /> DEED OF TRUST
<br /> Loan No: 101277301 (Continued) Page 9
<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 shall 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 Ttust 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 /> Waiver ot Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br /> exemption laws of the State of Nebraska as to ail Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The following capitalized words and terms shali have the following meanings when used in this Deed of
<br /> Trust. Unless specificaliy stated to the contrary, all references to dollar amounts shail mean amounts in lawfui money
<br /> of the United States of America. Words and terms used in the singular shall include the plural, and the piural 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 Five Points Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means DJ & DK Properties, L.L.C. and includes alI co-signers and co-makers
<br /> 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 security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Default. The word "Defauit" means the Defauit 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 witfiout
<br /> limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br /> U.S.C. Section 9601, 8t seq. (''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 /> Guaranty. The word "Guaranty" means the guaranry 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, manufaetured,
<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 Environmentai Laws. The term "Hazardous Substances" also inciudes,without Iimitation, petroleum and
<br /> petroleum by-products or any fraction thereof and asbestos.
<br /> Improvements. The word "Improvements" means aii existing and future improvements, buildings; structures;
<br /> mobile homes affixed on the Real Rroperty, facilities, additions, replacements and other construction on the Real
<br /> Property.
<br /> Indebtedness. The word "Indebtedness" means ail principal, interest, and other amounts, costs and expenses
<br /> payable under the Note or Related Documents, together with ail renewals of, extensions of, modifications of,
<br /> consolidations of and substitutions for the Note or Rela�d"`Doc'umeCit�"'a�d'"any arrroe�n�t�s-e�pended or advanced by
<br /> Lender to discharge Trustor's obligations or expenses incu��ed b�=:.Truste���or �Lendei to enforce Trustor's
<br /> obligations under this Deed of Trust, together with inte�e,s"�on;s�ich`ama�nts as provided in this Deed of Trust.
<br /> Specifiically, without limitation, Indebtedness includ�...�b.e:„;��.i�u�e ae�.v;an�ces„�set fortti:ira the Future Advances
<br /> provision of this Deed of Trust,together with all interest thereon.
<br /> Lender. The word "Lender" means Five Points Bank, its successors and assigns.
<br /> IVote. The word "Note" means the promissory note dated June 30, 2014, in the original principal amount
<br /> Of $75,872.32 from Trustor to Lender, together with all renewals of, extensions of, modifications of;
<br /> 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 alI accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
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