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2� 15�8444
<br /> DEED �F TRUST
<br /> ���nt�nued� Page 9
<br /> Iwlerge�r. There shal! be n❑me�ger of�he interest�r estate created by this Deed vf Trust with any o�her interest vr
<br /> estate in the Prvperty at any time held by vr for the heneft o�Lender in any capacity,without the written consent
<br /> ��Lender.
<br /> Applicable Law. The Laan secured by this lien was made under a United States Small 6usiness Administration
<br /> (SBA� nationwide program which uses tax da�lars to assist small business owners. If the Un�ted S�a��s is seeking
<br /> ta enforce this document,th�n under SBA r�gula�ions: �a]When SBA is�he holde�of the Not�,this document and
<br /> all dacuments e�idencing �r se�uring this Loan wi![ be construed in aGGordance with federal law. �b� Lender or
<br /> SBA may use lacal or state procedures for purp�ses su�h as filing papers, recarding dvcumenfs, giving notice,
<br /> fore��o�ing]iens,and other purposes. By using these procedures,SBA does not wa��e any federal immunity�rom
<br /> �oca1 or s�a�e�ontra�, pena[ty,tax or liability. No Bo�rowQr or Guarantor may claim vr assert agains�5BA any local
<br /> or state Iaw to deny any abl�gation af Borrower, ar defeat any cia�m o�SBA w�th respect to this Loan. Any clause
<br /> �n this documenfi requiring arhitration is not enforceahle when SBA is the holder of �he Note secured by this
<br /> instrument.
<br /> Choi�e of Venue. lf fihere is a lawsui�, Trustor agree.s upon Lender's request to submit to the�ur�sdiction of the
<br /> �aurts of Lancaster County, State of Nebraska.
<br /> Joint and 5e�ecal Liabili�y. A�1 vbligat�ons of Borrower and Trustor under this D�ed of Trust sh�1[ be joint and
<br /> se�e�a1, and al!referenoes to Trustor shall mean ea�h and e�ery Trustor, and all referenoes to Borrower shalf inean
<br /> each and e�ery Borrower. This means that each Trustor signing befow is res�ons�ble for all vb�igations in this D�ed
<br /> of Trust.
<br /> No Wai�er by Lender. Lender shall not be deemed to have wa��ed any rights under#his Deed vf Trust unl�ss such
<br /> waiver is g�ven in wr�ting and signed by Lender. Nv de�ay vr vmission on the pa�#o�Lender in exercis�ng any right
<br /> shall operate as a wai�er of such right vr any�ther right. A wai�er by Lender of a provisian of this ❑eed af Trust
<br /> shall nat prejudice ar const��u�e a wai�er of Lender'� righ� otherwise to demand stri�t compIiance with that
<br /> provisian vr any other prv�is�vn o� this Deed ❑f Trust. No prior waiver by Lender, nor any caurse ot dealing
<br /> hetween Lender and Trus�or, shall canstitute a wai�er of any v�Lende�'s rights or o'F any of Trustor's obligatians
<br /> as�o any future transactians. Whene�er�he consen�af Lender is required under this Deed a'f Trus#, #he granting
<br /> of suGh �onsent�y L�nd�r in any instan�e shall na�Ganstitute con�inuing c�nsent to subsequen#ins�ances where
<br /> such cansent is required and in ail cases su�h consen�may be granted or withhe�d in the sole discretian of Lender.
<br /> 5everabi[ity. If a oourt of competent Jurisdictivn finds any pro�rision of this Deed of Trust to he Ellegal, in�alid, or
<br /> unenf�raeable as to any person ar cir�umstanoe,that finding shal� not make the vffending prv�ision illegal, in�alid,
<br /> or unenforoeable as to any other person or cir�umstan�e. [f feasibie, the v�'fend�n� p�o�ision sha�! be oonsidered
<br /> modified so that it becomes I�gal, �aIid and enforveable. [f the offending pro�risian cannat be so modified, it shail
<br /> he oonsidered deieted frvm this �eed of Trust. UnIess otherwise r�quired by law, the ilfegality, in�alidity, or
<br /> unenforoeabifiiy�f any pra�isian vf this Qeed af Trust shall not affect the legality, �aiidi�ty or en�orcea�ility vf any
<br /> ather pro�rision a�this Deed❑f Trust.
<br /> Succ�ssars and Assigns, Sublect�o any fimitatians stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Qeed of Trus�shall be binding upvn and inure to the benefi# v�f the pa�ties, their successo�s and assigns. If
<br /> ownership of the Prvperty becomes�ested in a person other than Trustar, Lender,wi�hou# noti�e to Trustvr, may
<br /> deal with Trustvr's successvrs wifh reterence to this Deed of Trust and the Indebtedness by way of forbearanoe or
<br /> extension without releasing Trustvr from the obligations of this Deed of Trus�or�iability under the Indebtedness.
<br /> Time is of the Essence. Time is af#he essence in the pertormance of this Deed of Trust.
<br /> 1Naiver af Homestead Exemptian. Trus�vr here�y releases and wai�es all rights and benefts of the homesfiead
<br /> e�cemption laws of the�tate of Nebraska as to a!I Indeb#edness secured by fhis Deed of Trust.
<br /> DEF[N1T1�NS. The fallowing capi�alized wards and terms shall ha�e the follawing meanings when used in this Deed af
<br /> Trus�. Unless specif cally sta�ed t� the contrary, all references tv dvlla�amoun#s shall mean amounts in lawful mvney
<br /> a� #he Un�ted 5tates of America. Words and terms used in �he singular shall include the plural, and the plural shall
<br /> include the singular, as the cantext may require. Vllords and terms not atherwise defined in �his Deed of Trust shaEl
<br /> ha�e the meanings aftributed ta such terms in the Unifarm Cammercial Code:
<br /> Bene#iciary. The wvrd "Beneficiary"means F�rst State Bank Nebraska,and its successars and assigns.
<br /> 6orrawer, The word"Barrow�r" means Tail W�nd Trucking, LLC and inc�udes a�l cv-signers and ca-makers signing
<br /> th�Note and al�their successors and assigns.
<br /> aeed v# Trust. The words "De�d of Trust" mean this Deed of Trust am�ng Trustor, Lender, and Trustee, and
<br /> includes withvut limitatian a!f assignment and secu�ity interest p�a�isians r��ating ta the Personal Prvperty and
<br /> Rents.
<br /> Default. The word "Default"means�he Defau[t set forth in this Deed❑f Trust in the sectivn titled "De�ault".
<br /> En�irvnmenta� Laws. The words "En�irvnmenta� Laws" mean any and al� state, federal and Iacal statu#es,
<br /> regulations and v�dinances relating ta the protectivn af human heal#h vr the en�ironment, including withaut
<br /> �imitation the Comprehensi�e Envirvnmental Respanse, Campensation, and Liab�lity Act of 1980, as amended, 42
<br /> lJ.S.C. Sec#ion 96�'t, �t seq. ("CERCLA"}, �he Superfund Amendments and Reauthoriza#ivn Acfi af'I 98�, Pub. L.
<br /> No.99-499 ("SARA"},the Hazardous Materials Transportation Act, 49 L1.5.C. Sectivn 18�1,et seq.,the Resource
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