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201500164
<br /> IDEED O� TR11ST
<br /> Loan No: 6850317 (Continued) Page 7
<br /> No Waiver by Lender. Lender shall no#be deemed to hawe waived any rights under this beed of TrusE unless such
<br /> waiver is given in writing and signed by Lender. No delay or omission on the part af Lender in exercising any right
<br /> shall operate as a waiver oi such righ#or any other right. A wai�er by Lender of a provision of this Deed of Trust
<br /> shall not prejudice ar canstitute a wai�er of Lender's rigf�t otherwise ta demand strict compliance with that
<br /> provision or any other provisian of this Deed of Trust. No prior waiver by Lender, nor any course af dealing
<br /> between Lender and 7rustor, shall constitute a waiver oF any of Lender's rights or pf any of Trustor's ob]igations
<br /> as to any future iransactior�s. WE�enever the consent of Lender is required under this Deed of Trust,the granting
<br /> of such consent 6y Lender in any instance shall nat consti#ute continuing consent to subsequent instances where
<br /> such consent is required and in all cases such consent may be granted or withheld in tE�e sole discretion af Lender.
<br /> 5everability. If a co�rt af competent jurisdic#ion finds any pro�ision of this Deed of Trusf to be illegal, invalid, or
<br /> unenforceable as to any person ar circumstance,that finding shal!nat make the offending provision illegal, inva[id,
<br /> or unenforceable as to any other person or circurnstance. If feasible, the ofFending provision shall 6e considered
<br /> modified sd that it becomes legal, �alid and enforceabie. If the offending provision cannof 6e so madified, E#shalf
<br /> be considered deleted from this Deed of Trust. Unless otheruvise required by law, the illegality, invalidity, or
<br /> unenforceability of any provision of tMis �eed of Trust sha[I nat affect the legality, validity or enforceability of any
<br /> other provision of this Deeci of Trust.
<br /> Successors and Assigns. Subject to any limitations stated in tf�is �eed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shal] be binding upon and inure to ihe benefit of tf�e parties, their successors and assigns. If
<br /> awnership of the Property becomes vestad in a person other than Trustor, Lender, without notice to Trustor, may
<br /> deal wi#h Trustor's successors with reference to this Dead of Trust and khe Indebtedness by way of forbearance or
<br /> extension without releasing Trustor from the obligations o#fhis Deed of Trus4 ar liability under the Indebtedness.
<br /> Time is of the�ssence. TirrEe is of the essence in the performance of this Deed of Trust.
<br /> Walver of Hamestead Exemption. Trustor hereby releases and wai�es al! righis and benefifs of the homestead
<br /> exemption laws of the State of Nebraska as to ali Indebtedness secured by this Deed of Trust.
<br /> DEFINITIANS, The following capitaGzed words and terms sha[I have the following meanings when used in #his Deed of
<br /> Trust. Unless specificaily stated to the contrary, alE references to dollar amounts shall mear� amounts in [awful money
<br /> of the United States of America. Words and terms used in fhe singular shall include the plural, and th� piural shall
<br /> include the singular, as the context may require. Words and terms nat otherwise defined in #his Deed of Trust shall
<br /> ha�e the meanings attributed to such terms in the Uniform Commercial Code:
<br /> Bene�ciary. The word "Beneficiary"means First Nationaf Bank of Omaha, and its successors and assigns.
<br /> Borrower. The word "Borrower" means Jason King and Lisa M. King and includes alf co-signers and co-makers
<br /> signing the Note and all their successors and assigns.
<br /> DeeB of Trust. The words "Deed of TrusY' mean ff�is Deed of Trust among Trustor, Lender, and Trustee, and
<br /> inc[udas without limitation all assignment and security interest provisior�s relating lo the PersonaE Property and
<br /> Rents.
<br /> Default. The ward "pefaulY'means fha Default 5et€orth in this Deed of Trusl in the sec#ion fifled "DefaulY'.
<br /> Envirdnmentai Laws. The wprds "�nvironmental Laws" mean any and all s#ate, federal and focal statutes,
<br /> regufakiorns and ,ordinances relating io the protection of human health or the environment, including without
<br /> limifation the�Camprehensive Environmental Response, Compensakion, and Liability Act a# 198Q, as amended, 42
<br /> U.S.C. Section 9601, et seq. ("CERCLA"), the 5uperfund AmeRdments.and Reautharization Ac# of 198fi, Pub. L.
<br /> No. 99-499 ("SARA"),the Hazardous Materials Transpor#ation Act, 49 U.S.C. Section 1801, et seq.,the Resource
<br /> Conservation and Recavery Act, 42 11.5.C. Section 5901, et seq., or ofher applicable state or federal laws, rules,
<br /> or regulations arJopted pursuant thereto.
<br /> Event of�efault. The words "Event of�efaulC' mean any of#he events of default set forth in lhis �eed of Trust in
<br /> the e�ents of default section of#his Deed of Trust.
<br /> Existing Indebkedness. The words "Existing [ndebtedness" mean the indebtedness descri6ed in the Exisfing Liens
<br /> provision of#his Deed of Trust.
<br /> �uaranty. The word "Guaranty" m�ans fhe guaranty frorn guarantor, endorser, surety, or accommodation party to
<br /> Lender, including withouE limitation a guaran#y of all nr part of the Note.
<br /> Hazardo�s Su6stances. The words "Hazardous 5ubsfances" mean materials tE�at, because of their c�uantity,
<br /> concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
<br /> to human health or kf�e environment when improperly used,treated, stored, disppsed of, generaked, manufactured,
<br /> transported ar otherwise handied. The wprds "Hazardous Substances" are used in their�ery broadest sense and
<br /> include withput lirr�itation any and all hazardous or toxic subs#ances, materials pr waske as defined by or listed
<br /> under the En�ironmental Laws. The term "Hazardous 5ubstances" also includes,without fimitation, petroleum and
<br /> petroleum by-products or any fraction thereof and asbesEos.
<br /> Improvements. The ward "fmprovemenEs" means alf ezisting and future improvements, huildings, structures,
<br /> mo6ile homas affixed on fF�e Reaf Property, facilities, additions, replacements and other construction on the Real
<br /> Property.
<br /> Indebtedness. The word "Indebtedness" means all prir�cipal, interest, and other amounts, costs and expenses
<br /> payable under the Note or Releted Documents, together with all renewals af, extensions of, modifica#ions of,
<br /> consolidatio�s of and substitutions for the Note or Ralated bocuments and any amaunts expended or advanced by
<br /> Lender to discharge Trustor's obligations or expenses incurred by 7rustee or Lender to enforce Trustor's
<br /> obligations under this beed of Trust, together with interest on such amounfs as provided in this beed of Trust.
<br /> 5pecifically, witE�out limitation, [ndebtedness inc[udes the future advances set forth ir� the Future Advances
<br /> provision, together wi#h all interest thereon and afl amounts thaf may be indirectly secured by the
<br /> Cross-Collateralization pravision of this Deed of Trust.
<br /> Lender. The word"Lender"means First NationaE Bank of Omaha,its successors and assigns.
<br /> Mote. The word "Note° means khe promissory note dated.lanuary 7, 2015, in the original principal amount
<br /> Of $262,OOO.flO from 7rustar to Lender, togeEher with afl renewals of, extensions of, modifications oi,
<br /> refinancings of, consafida#ions of, and substitutions for the promissory note or agreement.
<br /> PersonaE Properfy. The words "Personal Property" mean al1 equipment, fixtures, and other articles of personal
<br /> properry now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Properiy;
<br /> together with a�l accessions, parts, and additions to, all replacements of, and afl substitukions for, any of such
<br /> property; and together with all proceeds (including without limitation all insurance praceeds and refunds of
<br /> premiums)from any saEe or pther disposikion of#he Property.
<br /> Property. The word "Property"means collective�y the Real Property and the Personal Property.
<br /> Rea[Property. The words "Real Property" mean the real property, interests and rights, as further described in ff�is
<br /> �eed of Tr�st.
<br /> Related Documents. The words 'Related Documen#s" mean ail promissory notes, credit agreemen#s, Ipan
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