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2� 1 ��41 vEE�v �F -rRusT� Loan IVv: 'I U'I 29$37� �Continued} Page 9 agreement o�the partiss as ta #he matters set fvrth in this Deed af Trust. Na altera#ion af vr amendment to this Deed of Trust shall be eff�cti�e unless gi�en in writing and signed by �h� party or parties sought to be charged or bound by the al#eration vr amendment. AnnuaI Reparts. If the Praperty Es used #or purposes ather than Trustor's residence, Trustor shall furnish to Lender, upan request� a certi�Eed statement of net operating incorne recei�ed from the Prvperty during Trustor's pre�ivus fiscai year in su�h #vrm and de�ai[ as Lender shall �equir�. "Ne� aperating income" shai! mean aii cash receipts�rom th� Property iess al[ cash expenditures made in �vnnection wi�h the operati�n of the Prvperty, Gaptivn Headings. Captian headings in this De�d of Trust are fa�• con�enience purpvses only and are not to be used�❑ interpret❑r define the prv�isions af this Deed ❑f Trust. IVlerger. There shaE� be nv merger af�he interest or estate created hy this Deed of Trust wEth any❑ther interest or estate in the Proper�y at any tim� he�d by or for the benefit o�Len��er in any capacity, without the wri�ten consent of Lender. Go�erning Law, This Deed o�Trust will be go�erned by federai I;aw applicable to Lender and, #v the extent nat pr�empted by federal law,the laws v#the 5tate of Nehraska withoia#r�gard#o its �onf�ic�s of�aw prvvisivns. This Deed vf Trust has been accepted by Lender in the 5ta#e of Nebrask;a. Choice of Venue. �f there is a �awsuit, Trustor agrees upfln Lend+�r's request to submit to the jurEsdictivn af the courts af Ha[I County, Stafie of Nebraska. Joint and Se�eral Liabil�ty, Af! ❑bligatians af Trustar under this [�eed of Trust shall be joint and several, and all references t❑ Trustar shaEl mean each and e�ery Trus�or. Th�s means that each Trustor signing befow �s r�spvnsihle fvr all ob[Egations in this aeed vf Trust. Where an� one vr mvre of the parties is a corporation, partnership, fimited [iabil�ty company ❑r similar entEty, it is na� necessary for Lender to inquire intv the pov►rers o� any o#the officers� directors, partne�-s� members. �r o�her agen�s acting ar purparting to act an fhe entity's behalf, and any obligatians made ❑r created in �reliance upon the profiessed exercise of such powers shal! be guaranteed und��-this Deed of Trust. No Wai�er by Lender. Lender shaf[ nvt be d�emed to ha�e wai�ed any rights under this ❑eed vf T�ust unfess such wai�er is gE�en in wri�ing and signed by Lender. N❑ delay❑r omissian ❑n the part of Lende�-in exercising any right shall operate as a ►nraiver❑f such right or any v�her righf. A waiv�r by Lender o�F a pro�ision of�his Deed of Trust shall nofi prejudi�e vr constitute a wai�er af Lender`s right otherwise #� demand stri�t comp[iance w��h tha� prv�ision or any other prn�isian of this Deed ❑f Trust. N❑ pr�o� wai�er by Lender� nor any course ❑f dealing between Lender and Trustor, sha[[ constitute a wai��r ❑t any of L+�nder`s rights or o� any ��Trustor's ❑bligatians as to any future transac�ivns. Whene�er the cansen� of Lender �s required under this Deed of Trus�� the gran�ing of such �onsenfi by Lender in any instance shal� nat constitute cvntinuing cans�nt to subsequent instan�es where su�h consen�is required and in a[[ cases such cvnsent may be grant�d vr withhe[d in the svle discretion of Lender. 5everabiii�y. it a court of �vmpetenfi jur�sdic�ion finds any pra�isinn ❑f this ❑eed ❑f Trust to be i[fegal, �n�alid, or unentorceabl� as ta any persvn ar circumstance, that finding sha[f not make the offending provisivn il�egal, in�alid, vr unenforceab�e as tn any o�ther person or circumstance. 1� �easib[e, the offiending pro�ision sha�l he conside�-ed moditEed s❑that it becames legal, �alEd and enforceable, 1f�he af�ending provision cannot be sa mvditied, it shall be cansidered defe�ed fram this Deed of Trust. Unless ofiherwi:�e required by faw, �he iflegality, in�alidity, or unenfvr�eabi[ity vf any pro�ision af this De�d of Trust shall not affect fhe legality, �a�idity or enforceability of any vther pro�isivn of this Deed ❑fi Trusfi. 5uccessars and Assigns. Subject to any �imitations s�a�ed in this Deed of Trust on transfer af Trustvr's interest, fihis Deed a� Trus# shall be binding upon and inure t❑ the benefi� of th� pa�ties. their suc�essors and assigns. 1� av►rnership of the Property becomes �ested in a person ather than Trustor, Lender, without natice to Trustvr, may deal wi�h Trustor's successars with reference to this Deed of Trust and the [ndeb��dness by v►ray of forbearance vr ex�ension wi�hout�eleasing Trustar-f�om the obligations afi fihis Deed ❑f Trust ar[iabili�y under th� [ndebtedness. Tir�e�s vf the Essence. TEme is❑�the essence in the perfvrmance v#this ❑eed of Trust. Waiver of Hvm�s#ead Exemp�ivn. Trustor hereby r�leases and wai�es ail rights and benefifis of the homestead exemption laws o�the State of Nebraska as ta all Indebtedness se�ured by this ❑eed vf Trust. DEFINIT��NS, The fo�lowing �apitai�zed words and fisrms shall ha�e th�: fa�lvwing meanings when used in this Deed of Trust. Unless specifiically stated fi❑ the contrary, all references t❑ dvllar amvun#s shall mean amounts in lawful mvney ❑f �he United States o# America. W��rds and terms used En the singular shal! include �h� p[ural, and the p[ura! sha�� inc[ude the singufa�r, as the contex� may require. VVvrds and terms nc�t atherwise defined in this Deed vf Trust shalf have fihe meanings attribu�ed to such�erms in the lJniform C�mmer�iaf ��ode: Beneficiary. The word "Beneficiary" means Fi�e Pvints Bank, and its successors and assigns. Borrower. The word "Barrower" means FRANCO ENTERTA[NMENT, LLC.; MARIA GARCIA; and JUAN F GARCIA and inc�udes alf co-signers and co-makers sEgn�ng�he Note and a[l�I-�eir successors and assigns. Deed of Trus#. The wvrds "Deed ❑� Trust" mean fihis Deed ❑f �-�us� among Trus�or, Lender, and Trustee, and includes without �imi�atian all ass�gnment and security in#erest provisivns reiating tfl �he Personal Property and Rents.