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� 2� 1 ��2119
<br /> DEED �F TRUST
<br /> Loan No: 8'1�'1�834 �C�rltirlu�d� Page 7
<br /> Chvice of Venue. If there is a fawsuit, Trusfar agrees upon L�nder's request ta submit ta the jurisdiction af the
<br /> courts ot Hall County, State af Nebraska.
<br /> Jvint and Se�eral Liability. AI� ❑biigations af Borrower and Trustor under this Deed of Trust shal� be jQint and
<br /> several, and all references ta Trustar shall mean each and every Trustor, and all references to g�rrower shall mean
<br /> each and every B�rrower. Th�s means that each Trustor signing below is responsible f�r all abligatians in this ❑eed
<br /> vf Trust. Where any one�or more af the parties is a carpara#ion, partnership, limited iiability company v�similar
<br /> entity, it is nat necessary for L�nder to inquire inta the powers of any af the officers,directors, partners, members,
<br /> or ot#�er agents acting or purporting to act an the �ntity's behalf, and any abligations made or created in reliance
<br /> upon the professed exercise of such powers shall be guaranteed under this Deed vt Trus#.
<br /> Na Vllai�er hy Lender. Lender shalf no�bs deemed to ha�e wai�ed any rights under this Deed of Trust unless such
<br /> wai�er is given in writing and�signed by Lender. No delay or omissian on the pa�t,af Lender in ex�rcising any right
<br /> shail aperate as a waiver ot such right or any other right.. A wraiver by Lender af a prvvision af this �eed vf Trust
<br /> shal! nat prejudice vr constitute a waiver of Lender's right v#herwise to demand stri�t Gompliance with that
<br /> provision or any other prov�ston of this Deed af Trust. No priar waiver by Lender, nor any course of dealing
<br /> between Lender and Trustor, shall constttute a wai�er o�any of Lender's rights ar of any af Trustor's abligatians
<br /> as to any future transactians. Whenever the cansent of Lender is required under this Deed af Trust, the granting
<br /> af such �onsent by L�nder in any instance shall not�onstitute continuing conssn#t❑ subsequent instanCes where
<br /> such conseni is required and in a!l cases such cvnsent may be g�an#ed or withheld in the sole dis�reti�n vf�ender.
<br /> Se�erabili#y. If a court of�vmpetent jurisdic#ion finds any pra�isian of this ❑eed of Trust to be iliega�, inva�id, or
<br /> unenforceable as to any circumstance, that finding shall nat make the vffending prav�sion illegal, invalid, nr
<br /> unenfvrceable as to any other circums#ance. If feasible, the affending pro�ision shall be considered mad+fi�d s❑
<br /> that it becomes legal, va�id and enforceable. !f the offending prv�ision �annot be sa mvdified, it shall be
<br /> cansidered deleted from this Deed of Trust. L)nless a#herwise required by law, the illegality, �nvalidtty, ❑r
<br /> unenforceability of any pro��sian of this Deed of Trus�shall not affect the legality, �alidity ar enforceahility of any
<br /> athsr p�ovisian of this Deed of Trust.
<br /> Successors and Assigns. 5ubject to any iimitafians stated in this aeed of Trust on transfer vf Trustor's inter�st,
<br /> this peed of Trust shall be bind�ng upvn and inure ta the benefit af the parties, their successvrs and assigns. If
<br /> own�rship of the Pra�erty be�omes�ested in a�erson vther than Trustor, Lender, withaut natice t❑Trustar, may
<br /> deal with Trustor's successors with reference to this Deed of Trust and the fndebtedness by way❑f forbearance or
<br /> extension withaut releasing Trustvr from the obligations af this Deed of Trust or iiabi�ity under the Indebtedness.
<br /> Time is af the Essence. Time fs of the essence in the perfo�mance of this Deed�f Trust,
<br /> VNai�e Jury. All parties to this Dsed of Trust hereby wai►►e #he right to any jury trial in any actinn, pra�eeding, or
<br /> counterc�aim brought by any party against any other party.
<br /> Wa��er of Homestead Exemption. Trustor hereby releases.and wa��es a!I rights and benefits ❑f the hvmestead
<br /> exemptian laws of the State o�Nebraska as ta all indebtedness secured hy this Deed of Trust.
<br /> DEFINITIQNS. The fol�owing capitalized words and terms shall hav�the following meanings wh�n used in this De�d vf
<br /> Trust. UnEess specifcaify stated to the cvntrary, all references ta dallar arnounts shall mean amvunts in �awful money
<br /> of the United States of America. Wvrds and terms used in the singular shall include the p�urai, and the plura! shall
<br /> include the singuiar, as the cvntext may require. Wards and terms nvt otherwise defined in th�s Deed af T�ust shall
<br /> ha�e the meanings attributed to such terms in the��ifvrm,Cvmmercial Code:
<br /> Beneficiary. The word"Beneficiary"means Equitable Bank,and its successors and assigns.
<br /> Borrower. The wnrd "Borrower" means PERKINS QELAWARE, LLC and includes all co-signers and �a-makers
<br /> s�gning the Note and all their successars and assigns.
<br /> �eed of Trust. The words "Qeed of Trust" mean this Deed of Trus# among Trustor, Lender, and Tr�stee, and
<br /> in�ludes withvut limitation all assignment and security interest pro�isions relating t� the Personal Praperty and
<br /> Rents.
<br /> Default. The word"Qe�aul#"means the Default set farth in this Deed of Trust in the sectian titled"Default".
<br /> En►►iranmental Laws. The words "Enviranmenta� Laws" mean any and ail state, �ederal and local statutes,
<br /> regulativns and vrdinances relating #o the protection of human health vr the en�ironment, including withvut
<br /> fimita#ion the Comp�ehensive Environmenta! Respanse, Compensativn, and Liahility Act of 138D, as amended, 4�
<br /> U.S.C. Section 96�'�, et seq. t"CERCLA"}, the 5uperfund Amendments and Reauthorization Act of 1986, Pub. L.
<br /> Nv. 9�-499�"SARA"�,the Hazardous Materials Transportativn Act,49 U.S.�. 5ection "f SQ 1, et seq.,the Resource
<br /> Conservativn and Recv�e�y Act, 42 U.S.C. Section 590'1, et seq., ❑r other applicable state or federal laws, rules,
<br /> or regulat�ons advpted pursuant theretv.
<br /> E�ent vf Default. The words"Event of Default"mean any vf the e�ents of default set far�h in this ❑eed af Trust in
<br /> #he e�ents of default section vf th�s Deed of Trust.
<br /> Guarantor. The word "Guarantor" means any gua�antor, surety, ar ac�vmmodatian party v� any ❑r all nf the
<br /> Indebtedness.
<br /> �uaranty. The word "Guaranty" means the guaranty frvm Guarantvr tn Lender, including without iimitation a
<br /> guaranty of all or part of the Note.
<br /> Hazardous Substances. The words "Hazardvus 5ubstan�es" mean materials that, because of their quantity,
<br /> concentration pr physical, chemical ❑r infectious charactsristics, may Gause ar pose a present or potential hazard
<br /> to human health or the en�ironment when improperly used, treated, stored, dispossd af, generated, manufactured,
<br /> transpvrked nr otherwise handled. The words "Hazardous 5ubstances" are used in their very brvadest sense and
<br /> include without limitation any and all hazardous or taxic substances, mater3als or waste as defined by or !is#ed
<br /> under the Env�ronmenta! Laws. The term "Ha�ardous Substances"also includes,without limitativn, petraleum and
<br /> petroleum by-products❑r any fraction ther�of and asbest�s. �
<br /> Impro�ements. The wvrd "Impra�ements" means all existing and future impro�ements, buiidings, structures,
<br /> mobile hames affixed on the Reaf Property, facilities, additivns, replacements and other construction on the Reai
<br /> �rflperty.
<br /> Indehtedness. The w�rd "Indebtedness" means all principal, interes#, and other amaunts, costs and expenses
<br /> payable unde� the Nate or F�elated Documents, together with all renewals of, extensions of, madifica#ions of,
<br /> cansvlidations❑f and substitutions for the Nate vr Related Dacuments and any amounts expended vr advanced by
<br /> Lender to discharge Trustor's obligatians ar expenses incurred hy Trustee vr Lender to enfo�ce Trustar's
<br /> Qbligations under this❑eed of Trust,tagether with interest vn such amounts as provided in this Deed�f Trust.
<br /> Lender. The word "Lender"means Equitable Bank, its successors and assigns.
<br /> Nate. The word"fVote"means the prnmissory nvte dated April 8,�0'�6, in the originaf principal amount of
<br /> $2,7Qfl,D��.�� from Borrower to Lender, together with all renewals vf, extensions of, modifications of,
<br /> refinancings of, consolidations af, and substitutions for the prvmissory nv�e vr agreement.
<br /> Personal Property. The words "Persana! Property" mean a�l equipment, fixtures, and other articfes of pers�nal
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