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2� 17� 1382
<br /> DEED �F TRUST
<br /> �Continued� Paae 7
<br /> Go�erning Law. This Deed of Trust wili be go�erned by federal law applicable tv Lender and. tv the extent not
<br /> preemptad hy federa�law,tha laws af the 5tate of Nebraska without regard to its conflicts of lew pro►►isians. This
<br /> Deed of Trust has been a�cepted by Lender in the S#ate vf Nebraska.
<br /> Choice of Venue. If there is a �awsuit, Trustar agrees upan Lender's request tv submit to the jurisdiction of the
<br /> cvurts of Hall County� S#ate of Nehraska.
<br /> Na Wei�er by Lender. Lender shall not be deemed to ha�e wai►►ed any rights under this Deed o�Trust unless such
<br /> wai�er is gi�en in writing and signed by Lgnder. No deiay or amission on#he part vf Lender in exercising any right
<br /> shall operate as a wai�er�f such right❑r any�ther right. A wai��r by Lender of a pro�ision of this Deed of Trust
<br /> shall not prejudice or constitute a wa��er of Lender's right vtherwise to demand strict campliance with that
<br /> pro�isivn or any �ther pro�isi�n �f this Deed af Trust. Nv prior wai�er by Lender, nor any caurse af dea�ing
<br /> between Lgnder and Trustor, shal� cans#itute a wai�er af any of Lender's rights or of any o�Trustor's obligatians
<br /> as ta any fu�ure transa�tions. Whsn�►►er the consent vf Lender is required under this ❑eed o#Trust, the granting
<br /> o#such consent by Lender in any instanc� shall not constitute �ontinuing consent to suhsequent instances where
<br /> su�h consent is required and in all�ases such consent may he granted or withheld in the sole discretivn af Lender.
<br /> Se�erahility. If a court of competent jurisdiction #inds any pro�isivn of this Deed ❑f Trust tv be illegal, in�alid, or
<br /> unenfvrceable as tv any circumstance, that ftnding sha�l not make the of#ending prv�isian illegal, in►►a�id� ar
<br /> unenforceable as to any other circumstance. If feasible, the offending pro�isian shall bs considered mod+fied so
<br /> that it hecomes legal, �alid and enforceable. If the ❑ffending pro�isivn cannat hs so mvdified, it sha�� be
<br /> �onsidered deleted frvm this Deed v� Trust. Unless oth�rwise required hy law, the illegality, in�alidity, or
<br /> unenfor�eability of any pra�isivn of this Deed of Trus# shall not affec#the legality, �alidity or enforceability of any
<br /> other pro►►ision of this ❑eed of Trust.
<br /> Successors a�nd Assi9ns. Subject to any limitations stated in this Deed af Trust on transfer of Trustvr's interest,
<br /> this Deed of Trust shaii be binding upon and inure t❑ the benefit of the parties, their suc�essors and assigns. ff
<br /> ownership vf the Property becomes �ested in a persan vther than Trustor, Lender, withaut natice #o Trust�r, may
<br /> d�al with Trus�vr's success�rs with r�feren�e tv this Deed flf Trust and the I ndehtedness by way a#fvrbearance or
<br /> extensian without releasing Trustor from the obiigativns of this Deed of Trust❑r liability under th� Inde�tedness.
<br /> Tir�ne is of the Essence. Time is�f the essen�e in the p�rformance of this Deed of Trust.
<br /> Wair►e Jury. All par#ias to this 13eed of Trust hereby wai�e the right to any jury trial in any action, praceeding. or
<br /> counter�laim brought by any perty ageinst any vther party.
<br /> Wei�er of Homestead Exemption. Trustor hereby releases and wai�es all rights and benefits of the homestead
<br /> exemption laws of the State of N�braska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINIT��NS, The following capitalized words and terms shai! ha�e the following meanings when used in this ❑eed of
<br /> Trust. Unless specifically stated to the contrary, al! r�f�rences to dolla�amounts sha�� msan amounts in lawful money
<br /> vf the lJnited States af America. VlJords and tsrms used in the singular shall include the plural, and the plural shal�
<br /> include the singular, as the contex� may require. Words and �erms not otherwis� defined in this Deed of Trust shall
<br /> ha�e the meanings attr+�u�ed to such terms in the Uni�orm Commercial�ode:
<br /> 6eneficiary. The word "Benefi�iary" means Ex�hange Bank, and its successnrs and assigns.
<br /> Bo�rawer. The word "gorrowe�" means HARB�R RENTALS L.L.C. and includes all co-signers and co-makers
<br /> signing the Note and all theEr successors and assigns.
<br /> Daad of Trust. Ths words "Deed of Trust" mean this D�e� vf Trust among Trustor, Lender, and Trustee, and
<br /> includes without limitation all assignment and security interest pro�isions relating ta the Personal Property and
<br /> Rents.
<br /> Defeult. The word "Default" means the Default set#v�th in this Deed of Trust in the section titled "Default".
<br /> En�ironmental Laws. The words "En�ironmental Laws" mean any and all state. #ederal and Iocal statutes,
<br /> regula�ions and ordinances relating to the protection of human heafth or the en�irvnment, includ�ng with�ut
<br /> limitation the �omprehensi�e En�ironmental Response, Compensati�n, and Liability Act ❑f �98D, as amended, 42
<br /> U.S.C. 5ection 9��1, et seq. �"CERCLA"f, the 5up�rfund Amendments and R�authorization Act ❑f 198fi� Pub. L.
<br /> N�. 99-499 �"SARA"�,the Hazardous Materials Transportation Act. 49 U.S.C. Section 18D'�. et seq.�the Resaurce
<br /> Conser�ation and Reco�ery Act, 42 U.S.C. Section fi9D1;�e��seq�;�r e##�er�applice�ls state vr#ede�al laws. rules,
<br /> or regulations adopted pursuant thereta. �`
<br /> E�ent of Dafault. The words "E�ent vf Default" mean any af the e�en�s of�d�fault et�o�th in this Deed o#Trust in i
<br /> the e�ents of de#ault section of this Deed of Trust. .
<br /> Guarantor. The word "Guarantor" means any guarantor. surety. ❑r ac�ommodatian party of any ar all of the
<br /> Ind�bt�dness.
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<br /> Guaranty. The word "Guar�nty" means the guaranty from Guarantor to Lend�r, including w�thout limi#a#ion a �
<br /> guaranty af all or part of the Note. �
<br /> �
<br /> Heza�rdous Substancss. The wvrds "Hazardous Substances" mean materials that, becausg of their quantity, `
<br /> con�entration vr physical, chemical or infectious characteristics, may cause �r pose a present❑r potentia� hazard �
<br /> �
<br /> to human health vr th� en�ironment when improper�y us�d. #reated. stored. disposed of, generated. manufactured. �
<br /> �
<br /> transported or otherwise handled. The words "Hazardaus Substances" are used in �h�ir�ery broadest sense and �
<br /> include without limitation any and all hazardous or tvxic substances, materials vr waste as defined by or listed �
<br /> under the En�ironmenta� Laws. The term "Hazardaus Suhstances" alsv includes� without limitati�n, petroleum and '
<br /> petrvleum hy-pr�ducts or any fraction�hereof and asbestos. €
<br /> Impro�amants. The word "�mpro�ements" means all �xisting and future imprv�em�nts, buiidings, stru�tures,
<br /> mobile homes affixed an the Rea! Property. facilities, additions� replacements and ather canstruction ❑n the Real �
<br /> Praperty. ;
<br /> Indehtedness. The word "Indebtedness" means a!! principaf, interest, and vther amvunts, cvsts and expenses �
<br /> payahle under the Note or Related ❑ocuments, t�gether with a!I �enewals of, extensivns vf, mvdifi�ativns af,
<br /> consolidat+ons af and substitutions for the Nnte or Related aocuments and any amounts expended or ad�anced by
<br /> Lend�r to discharge Trustor's ohligatians ar expenses incurred hy Trustee or Lend�r ta enrtarce Trustvr's
<br /> ohligat�ons under this Deed of Trust, together with interest on su�h amvunts as pro�ided in this Deed o# Trust.
<br /> Specificafly, without fimitation, Indebtedness inc�udes the future ad�ances set fvrth in the Fu#ure Ad�ances
<br /> pro�ision, tvgether with all interest th�reon and all amounts that may be indirectly secured by the �
<br /> Crass-Collateral�zativn pro�is�on af this❑eed❑f Trust. �
<br /> �
<br /> Lender. The word "Lender" means Exchange Bank, its successvrs and assigns. �
<br /> Nota. The ward "Note" means the promissory note dat�d March 1, 2�17, in the original principal amount
<br /> Df $232,D��.Q� from Trus#or to Lender, #ogether with all renewals of, extensions of, modificatians vf,
<br /> refinancings of, �vnsolidations vf. and substitutians fvr th�promissary note or agre�ment.
<br /> Persvnal Prapsrty. The words "Persana� Praperty" mean all equipment, fixtures, and vther artic�es of personal
<br /> prvperty now or h�reafter owned by Trus�vr, and now ar hereafter attached or affixed to the Real Property;
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