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2� 1 ��5479
<br /> C3EED �F TRUST
<br /> ��ontinued� Pa9e �
<br /> courts of Hall County, State vf Nebraska.
<br /> No Waiver by Lender. Lender shall not be deemed to ha�e wai�ed any rights und�r this ❑eed of Trust uniess such
<br /> wai�er is gi�en in writing and signed by Lender. Nv delay or omission on the part of Lender in exercising any right
<br /> shall operate as a wai�er af such right or any other right. A w�i�er by Lendsr af a pra�isian o#this Deed vf Trust
<br /> shall not prejudice or constitut� a wai�er of Lender's right oth�rwise to demand strict campliance with that
<br /> pro�ision vr any other pro�ision of this ❑eed o# Trust. No prior wai�er by Lender� nor any cvurse of dealing
<br /> b�tween Lender and Trustor, shall constitu#e a wa��er of any of Lender's rights or of any of Trustor's ohligations
<br /> as t� any future transactions. Whene�er the conssnt �f Lender is required under this Deed of Trust� the granttng
<br /> of such consent by L�nder in any instan�e shall not canstitut� continuing �onsent to subsequent instances where
<br /> such�ansent is required and in aii cases such consent may be granted or withheld in the sole discretivn of L�nder.
<br /> Ss�er�hility. I#a court o�competent jurisdict�on finds any pro�ision of this �eed of Trust to be i!lega�, in�alid. or
<br /> unenfarceable as to any circumstance, that finding shall not m�ke the offending pro�isivn illsgal, in�alid, or
<br /> unenforceahle as ta any vther circumstanca. If feasihls, the offending pro�ision shall bs cansidered modified sv
<br /> that it becomes legal, �alid and enforceable. If the offending pro�ision cannat be sv modified, it shall he
<br /> cansidered deleted from this Deed o� Trust. Unless otherwise required by law, the iilegality. in�alidity, or
<br /> unenforceahility of any pro�isivn of this �eed ❑f Trust shall not affect the legality, �a�i�iity ar en#or�eability of any
<br /> oth�r pro�isivn of this Deed�f Trust.
<br /> 5uccessors and Assigns. 5ubject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> �his Deed of Trust shall be hinding upon and inure to the benefi# of the parties, their successors and assigns. If
<br /> vwnership vf the Property becomes �ested in a person other than Trustor, Lender, withaut notice tv Trustor, may
<br /> deal with Trustor`s suc�essors with refergnce ta this D��d a#Trust and the Indebtedness by way of fvrbearance or
<br /> extension without releasing Trustor from the obligations of this Deed o#Trust or liability under the Indebtedness.
<br /> Time is of the Essence. Time is af the essence in the perfarmance❑f this Deed of Trust.
<br /> VNai�e Jury. All parties to this Deed of Trust hgreby wai�e the right to any�ury trial in any ac#ion. prviceeding, or
<br /> counterclaim brought by eny party egeinst any vther party.
<br /> INai�er o# Hamestead Exemption. Trustor hereby releases and wai�es all rights and benefits of the homestead
<br /> sxemption laws af the 5tate af Nebraska as to all Indebtedness secured by this Desd�f Trust.
<br /> DEFINIT��NS. The fvllowing �apitaiized words and terms shall ha�e the following meanings when used in this Deed of
<br /> Trust. Unless specifically stated to the c�ntrary, all references t❑dollar amounts shall m�an amounts in lawfui maney
<br /> o# the United States of America. Words and terms used in the singular shall include the plura�, and the plural shall
<br /> inc�ude the singular, as the context may require. W�rds and terms not otherwisa defined in this Deed of Trust shall
<br /> ha�e the meanings attributed to such terms in the Un��orm CommerCial Code:
<br /> Beneficiary. The word "Bene#iciary" means Exchange Bank, and its successors and assigns.
<br /> Bvrrawer. The ward "Barrower" means TMT INVESTMENTS LLC and inc�udes all co-signers and co-makers
<br /> signing the No#e and all their su�cessors and assigns.
<br /> Deed af Trust. The wards "Deed vf Trust" mean this ❑eed o# Trust among Trustor, Lender, and Trustee, and
<br /> includes withaut limitation all assignm�nt and security interest pro�isions relating to the Persanal Prap�rty and
<br /> Rents.
<br /> Default. The ward "Default" means the Default set farth in this�Deed of Trust in the sectinn titled "Default",
<br /> En►►ironmental L�ws. The words "En�ironmental Laws" mean any and all state, federal and local statutes,
<br /> regulations and ordinances rel�t�ng ta the protection af human health or the en�ironment, including withvut
<br /> limitation the Comprehensi�e En�ironmental R�sponse, Compensation. and Liahility Act of 198�. as amended, 42
<br /> U.S.C. Sect�on 9�D1. et seq. �"CEHCLA"j� the Su�erfund Amendments and ReauthoriZa#ion Act of 198fi. Pub. L.
<br /> No. �3-499 �"SARA"y, the Hazardous Matgrials Transportation A�t,49 U.S.C. S�ction 18�1, et seq.,the Res�urc�
<br /> Conser�ation and Reco�ery Act, 42 U.S.C. 5e�tion fi9�1. et seq.. or other applicable siate or fed�ral laws, rules,
<br /> vr regulatians adaptsd pursuant there#o.
<br /> E�ent af Defautt. The words "E►►ent a�DefauEt" mean any of the e��nts of defau�t set forth in this❑eed of Trust in
<br /> the e�ents of de#ault section of this❑eed of Trust.
<br /> Guarantor. The word "Guaran�or" means any guarantor. surety, or_._���,��r�.ordation pa+r#y o� artiy ar all af the
<br /> Indebtedness. � _
<br /> .
<br /> Guaranty. The word "Gu�ran�y" means �he guaranty from�Guarantor tv�Lender. including withvut limitation a
<br /> guaranty❑f al!or part vf the Nots. . _ �
<br /> Hazardous Substan�es. The words "Hazardous Suhstances" mean mat�rials that. hecause vf their quantity�
<br /> concentrativn or physical, chemica! ar infectious characteristics, may causs or p�sg a present or pvtential hazard
<br /> tn human health ❑r#he�n�iranment when �mproperly used, treatgd� stvred. disposed of. generated, manufactured.
<br /> transported or vth�rwise handled. The wvrds "Hazardous 5ubstances" are us�d in their�ery broadest sens� and
<br /> inc�ude without fimitatian any and al! hazardaus or taxic substances. ma#erials or waste as defined by or listed
<br /> under the En�iranmental Laws. The term "Hazardous 5ubstan�es" also inc�udes, with�ut limitation, petrvleum and
<br /> petrol�um by-p�oducts�r any fraction thersvf and asbestos.
<br /> lmpro�emsnts. The word "Impro�ements" means a!I existing and future impro�ements. buildings. structur�s,
<br /> mobile homes affixed on the Real Property, facilities, additions, replacements and other cvnstruction on the Real
<br /> Prvperty.
<br /> Indebtedness. The word "Inde�tedness" means all principal, interest, and other amounts, costs and expens�s
<br /> payable under the Note or Related Documents, tvgether with all �enewa�s o#, extensions �f, modificativns af.
<br /> consolidations of and suhstitutions for the Note or Related �vcuments and any amounts expended flr ad�anced by
<br /> Lender to discharge Trustor's obiigations ❑r expenses incurred by Trustee or Lender ta �nforce Trustor's
<br /> vhligativns under this ❑esd of Trust, together with interest ❑n such am�unts as pro�ided in this ❑eed af Trust.
<br /> 5peci#i�ally. wi�hout limitation. Indehtedness includes the future ad�ances set for#h in ths Future Ad�ances
<br /> pro�ision. together with all in��rest thereon and al! amounts that may be �ndir�ctly secured hy the
<br /> Gross-Golla�eraiization pr��ision of th�s Deed of Trust.
<br /> Lender. The word "Lender" means Exchange Bank, its successors and assigns.
<br /> Nate. The word "Note" means the prvmissory note dated August 23, 2�1 S, 117 the original principal
<br /> amount af $��.��D.��from Trustor to Lender, together with a!f renewals of, extensions of, mvdifications nf.
<br /> re#inancings of. cvnsolidativns of, an� substitutions for the promissory note or agrs�ment. N�Tl�E T�TRUST�R:
<br /> THE N�TE C�NTAINS A VARIABLE tNTEREST RATE.
<br /> Psrsonel Prvperty. The words "Persvnal Prvperty" rr�ean all equipment, fixtures, and other articles ❑f persanal
<br /> property now or hereafter owned by Trustor, and nflw ❑r herea#ter attached or aff�xed ta the Real Property;
<br /> tvgether with a!I ac�essions, parts. and additions to. a�i replacements of. and all suhstitutions �or. any a# such
<br /> prap�rty; and together with all proceeds �including with�ut limit�tion all insurance proceeds and refunds of
<br /> premiumsf f�om any sale or vther dispasition vf the Property.
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