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..... ., . �.��,� �rn .,""�«� �a �ri �� . � ;:� . ��-�, . � �.. , .. . , , � ��_ 201504360 DEED OF �"R41ST (Continued) page 7 f=� `:� Deed of Trust has been accepted by Lender in the State of Nebraska. Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Merrick County, State of Nebraska. �� No Waiver by lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's ohligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. :� Severability. If a court of cornpetent jurisdiction finds any provision of this Deed of Trust to Be illegal, invalid, or unenforceable as to any circumstance, that finding shall �ot make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shail be considered modified so y that it becomes le al, valid and enforceable. If the offendin � g g provision cannot be so modified, it shall be considerad deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this �eed of Trust on transfer of Trustor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraska as to al�Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plurat, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall � have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means Bank of Clarks, and its successors and assigns. Borrower. The word "Borrower" means RR&C, LLC and includes all co-signers and co-makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and � � includes without limitation all assignment and security interest provisions relating to the Personal Property and 4 Rents. Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". i` Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the envir€��ment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability=l�ct of 19$0, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthotii�aticsn Act of 1986, Pub. L. No. 99-499 ("SARA"),the Hazardous Materials Transportation Act,49 U.S.C. Section'1$01,et seq.,the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Defauit. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without timitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substa�ces" mea� materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and ` include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. improvements. The word "�mprovements" means a�t existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision, together with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed of Trust. Lender. The word "Lender" means Bank of Clarks, its successors and assigns. Note. The word "Note" means the promissory note dated June 29, 2015, in the original principal amount . Of $40,000.00 from Trustor to Lender, t�gether with all renewals of, extensions of, modifications of, refinancings of,consolidations of, and substitutions for the promissory note or agreement. Personat Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such �� property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums)from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. � Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. {.� `,� �.; � a d