|
2� 15�8595
<br /> �EED �F TRUST
<br /> �C�nt111u�d� Page 4
<br /> paragraph af this Deed o�Trust.
<br /> Attarneys' Fees: Expenses. I� Lender institutes any suit ❑r a�tivn to enfores any of #he terms vf this Deed af
<br /> Trust. Lender shaii k�e entitled t❑ reGvver such sum as tC�e court may adjudge reasonable as attorneys' fees at�rial
<br /> and upan any appeaf. Whether or not any caurt action is in�al�ed, and t❑ the extent nvt pr�hibited by iaw, all
<br /> reasvnable expenses Lender incurs that in Lender`s opinivn are necessary at any time for the protecti�n ❑f its
<br /> interest or the enfarcement of its rights shall become a part of the Endehtedness payable on demand and shall bear
<br /> interest at the Nate rate fram the date of the �xpenditure until repaid. Expenses co��red by this paragraph inciude,
<br /> with�ut limitatian, howe�er subject to any limits under applicabls law, Lender's attorneys' fees and Lender's legal
<br /> expenses, whether ar not there is a lawsuit, �ncluding attorneys' f�es and expenses for bankruptcy proceedings
<br /> �including effvrts to mvdify or�acate any automatic stay vr injunct�ony, appea�s, and any anticipated post-judgment
<br /> ca�l�ction services, the cost of s�arching records, ❑btaining title reparts �including foreclosure reportsy, sur�eyars'
<br /> repvrts, and appraisaf fees, title insurance, and tees far the Trustee, to the extent permitted by applicable law.
<br /> Trustar also will pay any caurt casts, in additi�n to all�ther sums pro�ided by law.
<br /> M15CELLANE�US PRaV151DNS. The fallowing misce�laneous pro�isivns are a part af this Deed of Trust:
<br /> Gv�erning Law. This Deed of Trust will be go�grned by federal law applicabl� to Lender a�nd, to #he extent not
<br /> prgempted by fedsral law,the laws o#the 5#ate of Nehraska withvut regard#a its conf�icts of law pro►►isions. This
<br /> DeBd vf Trust has been accepted by Lender in the State of Nebraska.
<br /> Time is af the Essencs. Tim� is❑f the essence in�he perfarmance of this Deed ❑f Trust.
<br /> Wai�e Jury. AI�parties to this Deed of Trus#hereby waE�e the right to any jury trial in any action, proceeding, or
<br /> counterclaim brvugh#by any party against any o#her par#y.
<br /> Wai�er af Hom�stead Exemption. Trustor herehy releases and wai�es ail rights and benefits of the homestead
<br /> exemption laws af the State of Nebraska as tv a!I Indebtedness secured by this Deed of Trust.
<br /> �EFINITIONS. Th�follaw�ng �apitalized words and terms shail ha�e the �ollowing meanings when used in this Deed of
<br /> Trust. Lfnless specificaily stated ta the contrary, all refer�nces to dollar arnounts shall mean amounts in lawtu! money
<br /> of the llnited States of America. Words and terms used in the singular shall incfude the plural, and the pluraf shalf
<br /> includ� the singu�ar, as the context may require. Vllords and terms not otherwise defined in this Deed of Trust shalf
<br /> ha�e the meanings attributed to such terms in the Uniform C�mmercial Cvde:
<br /> Benefi�iary, The word "Beneficiary" means PiNNACLE BANK,and its successvrs and assigns.
<br /> Borrower. The word "8arrower" means EAGLE DISTRiB�T�NG �F GRAN❑ �SLAN�, LLG; TCK QF GRAND
<br /> fSLAND. LLC; and EAGLE ❑15TRIB�TING TRANSP�RT, LLC and includes all ca-signers and ca-makers signing the
<br /> Note and all their successars and assigns.
<br /> Deed o� Trus#. The wards "�eed af Trust" mean this Deed vf Trust among Trustar, Lender, and Trustee, and
<br /> includes without iimitation all assignment and security interest pro�isions relating tn the Persona! Property and
<br /> R�nts.
<br /> Envirvnmental Laws. The words "En�ironmentaf Laws" mean any and all state, f�deral and loca! statutes,
<br /> regulati�ns and ordinances relating to the pratectivn ❑f hurnan health �r the �nvironrnent, incEuding without
<br /> limitation the Comprehensi�e En�ironmental Response, Compensa#ion, and Liabifity Act of 198fl, as arnended, 42
<br /> L1.S.C. Section 96a1, et seq. t"�ERCLA"f, the Super#und Amendments and Reauthoriza�ion Act af 1986, Pub. L.
<br /> Na. 99-499 �"SARA"y,the Hazardous Materials Transpartation Act, 49 U.S.C. Section 18�1,et seq.,th� Resource
<br /> Conser�ation and Reco�ery Act, 42 U.S.C, 5ectivn 69a1, et seq., or ather applicab�e state ar �edera! laws, rules,
<br /> ❑r regulativns ad�pted pursuant ther�to.
<br /> E�ent of Default. The wvrds "E�ent o�Default" mean any of the e�ents o�default set fvrth in this Deed❑f Trust in
<br /> the e�ents❑f defauit se�tian of thts ❑eed of Trust.
<br /> Guarantor. The ward "Guarantor" means any guarantor, surety, vr accamrnodatian party a# any ❑r al! vf the
<br /> Indebtedness.
<br /> Guaran#y, The ward "Guaranty" means the guaranty frorn Guarantor to Lender, including without limitation a
<br /> guaranty of all or part of the Note.
<br /> Impro�ements. The word "lmpro�ements" means all existing and future impro�ements, buildings, structures.
<br /> mvbEle h�mes affixed ❑n the Real Proper'ty, facilities. additiqns, replacements and ather canstruction vn the Reai
<br /> Property.
<br /> Indehtedness. The word "indebtedness" m�ans all principal, interest, and ather amounts, cvsts and expenses
<br /> payabfe under the Note or Related ❑�cuments, tagether with a!I renewals ❑f. extensions of, modFficativns o#,
<br /> �onsvlidations of and substitutivns #or the Note or Re�ated Dacuments and any amounts expended or ad�anced hy
<br /> Lender to d+scharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's
<br /> obligations under this Deed of Trust� together wiXh interest on such amounts as pra�Eded in this Deed nf Trust.
<br /> Specifically, without limitatian, lndehtedness includes a!I amvunts that may be indirectly se�ured by the
<br /> Crass-Collateraiizatian pro�ision of this Deed of Trust.
<br /> Lender. The word "Lender" means PiNNA�LE BANK, its successors and assigns.
<br /> Note. The word "Note" means the Nvte dated ❑e�ember 18, �fl15 and executed by EAGLE ❑ISTRISUT!!VG �F
<br /> GFtAND ISLAND, LLC;TCK�F GRAND ISLAND, LLC; and EAGLE �fSTRIBUTING TRANSPQRT, LLC in the princ�pa!
<br /> amount of $�,5�a,�OD.QQ; the Note dated flecember �8, ��i 5 and exe�uted by EAGLE ❑ISTRFBUTING �F
<br /> GRAND 15LAND, LL�; TCK QF GRAN❑ lSLANf], LLC; and EAGLE DISTRIBLITFNG TRANSPQRT, LLC in the p�incipal
<br /> amaunt of $�Q,�B 5,ppD.�Q; the Nate dated Decernber �8, 2�15 and executed by EAG LE DISTR�BUTING �F
<br /> CRAND �SLAND, LL�;TCK OF�RAN❑ ISLAIVD, LLC; and EAGLE DISTRIgUT�NG TRANSPQRT, LL�in the princi al
<br /> amount of $5,84�.�QQ.pD; and the Note dated December 18, 2�15 and exe�uted by EAGLE ❑ISTRIBUTING �F
<br /> GRAN❑ iSLAND, LL�; TCK qF GRAN❑ ISLAND, LLC; and EAGLE DISTRlBUTIh1G TRANSPQRT, LLC in the principal
<br /> amvunt vf $1,�95,a0Q.OQ, together with all renewals ❑f, extensions of, modificatians vf, refinancings of,
<br /> cons�lidations of, and substitutions for the note ar credit agreement. NQTICE T� TRUST�R; THE NQTE
<br /> CONTA�NS A V►4RlABLE INTEREST R�4TE.
<br /> Personal Proper#y. The words "Persanal Property" mean a!I equipment, fixtures, and o#her articles v�F persona!
<br /> property now ❑r hereafter owned by Trustor, and nvw or hereafter attached ar affixed to the Real Property;
<br /> together with all accessians, parts, and additions tv, alf replacements of, and al� substitutions #or, any ❑f such
<br /> praperty; and together with al� prviceeds �including without limitatian all insurance proceeds and re#unds of
<br /> premiumsf from any sale ar ather dispasition of the Property.
<br /> Praper#y. The ward "Property" means cvllecti�ely the Real Property and the Persona!Prap�rty.
<br /> Real Property. The wvrds "Real Praperty" mean the real property, interes#s and rights, as fur�her described in this
<br /> Deed of Trust.
<br /> Related Documents. The words "Related Documents" mean all pramissvey notes. �redit agreements, Ioan
<br /> agreements, en�ironmental agreements, guaranties, s�curity agreements, mort a es,
<br /> deeds, cnlfaterai mortgages, and all othe� instrumer�ts, agreements and docurnents. whether ��w u$t, se�urity
<br /> ❑r hereafter
<br />
|