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2� 17� 1771
<br /> DEED DF TF�UST
<br /> �Carltlrlued� Page 7
<br /> Lender, upvn reques�, a cer�ified statement of net operating incame recei�ed fram the Praperty durin� Trusto�'s
<br /> pre�ious fiscal year in such form and detail as Lender shall require. "Net vperat'rng incame" shall mean al1 cash
<br /> rece�pts from the Property less all�ash expenditures made in connection with the vpera#ian vf the Property.
<br /> Captivn Headings. Captivn headings in this Deed of Trust are #or con�enience purposes ❑nly and are not ta be
<br /> used tv interpret❑r detine the pro�isions of this ❑eed vf Trust.
<br /> Merger. There shall �e no merger o#the interest❑r estate created by this Deed of Tfust with any other in#erest�r �
<br /> estate in the Property at any time he�d by or fo�the henefit of Lender in any capacity, withvut the written consent
<br /> vf Lender.
<br /> Go�erning Law. This Devd of Trust will be go�erned by federaf law appti����e to Lender and, to #he extent not
<br /> preemptad by#ederal�aw,th�laws of the 5tate of Nebr�ska withvu#regard to its conflicts of I�w pro�isions. This
<br /> [�eed v#Trust has been a��epted by Lender in the State vf Nebraska.
<br /> Choice of Venue. If ther� is a lawsuit, Trustor agrees upon Lender's request tv submit to the jurisdiction o# the
<br /> courts of Hall Caunty, State of Nebraska.
<br /> Nn Wai�er by Lendsr. Lender shall not he deemed to ha�e wai�ed any righ#s under this Deed of Trust unless such
<br /> wai�er is gi�en in writ�ng and signed by Lender. No delay or omissian on the part of Lender in exercising any right
<br /> shall vperate as a wai�er of such right or any other right. A wai�er by Lender of a pro�isivn of this Deed of Trus#
<br /> shall not prejudice or constitute a wai�er of Lender's right otherwise to demand strict cvmpliance wi#h that
<br /> pro�isivn ar any other pro�isivn of this Deed of Trust. No privr wai�er by Lender, nor any course of dea�ing
<br /> between Lender and Trusto�, shall constitute a wai�er of any af Lender's rights or of any af Trustar's ohligations
<br /> as to any #uture transactions. Whene�er the consent ❑f Lender is requir�d under this Deed of Trust, the granting
<br /> of such consent by Lender in any instance shall nvt constitu#� continuing �ons�nt to subsequ�nt ins�ances whsre
<br /> such cvnsent is requ�red and in al!cases such consen#may be granted vr withheld in the sole discretivn of Lender.
<br /> 5e�erability. If a caurt of competent jurisdictivn finds any pfv�ision of this Deed of Trust to be illegal, in�alid, or
<br /> unenfor�eable as t❑ any circumstan�e, that finding shal� not make the affending pro�ision i�legal, in�alid, vr
<br /> unenfor�eable as to any �ther circumstance. If feas�ble. the offending pro►►ision shall be considered modified so
<br /> that it becomes legal. �alid and enforceable. If the ❑ffending pro�ision cannot he so modified. it shall be
<br /> considered deleted #rom this �eed vf Trust. LJnless otherwise required by iaw. the illegality, in�alidity� or
<br /> unenforc�abili#y of any prv�ision o#this Deed of Trust shall not affect the I�gali#y, �alidity or en#orceability of any
<br /> other pro�isi�n of this Deed of Trust.
<br /> Successors and Assi�ns. Sub�ect to any �imitations stated in this Deed of Trust on transfer vf Trustor's inte�est,
<br /> this De�d of Trust shall be binding upon and inu�e to th� b�nefit of the parties, their successors and assigns. If
<br /> �wnership of#he Property becomes�ested in a person other than Trustvr� Lender� without not+ce to Trustar, may
<br /> deai with Trustor's successors with r�feren�e#a this ❑eed of Trust and the Indebtedness by way of forbearanc�or
<br /> extension without releasing Trustor frvm the obligatians of this Deed of Trus#vr liahility under the �ndebtedness.
<br /> Timg is of the Es�en�e. T�m�is of the essen�e in the performance of this Deed of Trust.
<br /> INai�e Jury. All perties to this Deed of Trust hereby wai�e the�ight to any jury trial in any��ti�n, pro�eeding, vr
<br /> counterclaim brou8ht by any party against any other pa�ty.
<br /> ,
<br /> Wai�er vf Hvmestead Exemption. Trustor hereby re�eases and wai►►es all righ#s and �enefi#s of the homestead
<br /> exemptFon laws of the 5tate of Nehraska as to all lndebtedness secured by this Deed of Trust,
<br /> DEFfNfT�DNS. The follvwing capitaliaed words and terms shall ha�e the fol�awing meanings when used in this ❑eed of
<br /> Trust. lJnless sp��ifically stated to the contrary, all references tv dvl�ar amounts shall mean amvunts in lawful money
<br /> o� the lJ nited 5tates of America. Words and terms used in the singular shall include #he plurai, and the plural shaii �
<br /> include the singular, as #he contsxt may require. Wvrds and terms not vtherwFse defined �n this Deed of Trust shail
<br /> ha�e the meanings attributed to such terms in the Uniform Commercial Cade:
<br /> Bengficiary. The word "Benef��iary" means Ex�hange Bank, and its successors and assigns. �
<br /> Borrower. The word "Borrower" means 6ECKETT, lNC. and in�ludes a��cv-signers and co-makers signing�he Note
<br /> and all their successors and assigns.
<br /> DeBd vf Trust. The wvrds "Deed ❑� T�ust" mean this ❑eed of Trust among Trustor, Lender, and Trustee� and
<br /> includes without limitation all assignment and security interest prfl�isions reiat+ng to the Persvnal Property and ,
<br /> Rents.
<br /> Default. The word "De#ault" means the De�ault set f�rth in this Deed of Trust in�he sectian titled "�efault".
<br /> En�iranmental Laws. The wvrds "En��ronmental Laws" mean any and a!I state, federal and Iocal statutes,
<br /> regulations and ordinanc�s relating to the protectian ❑f human health ar the en►►ironment. inc�uding without
<br /> limitation #he Comprehensi�e En�ironmental Respanse, �vmpensation. and Liahility Act o� 198�� as amended, 42
<br /> IJ.S.C. 5ection 9fiQ1, et s�q. �"CERCLA"y, the Superfund Amendments and Reauthorization Act af 198fi, Pub. L. �
<br /> Na. 99-499 �"SARA"y, the Hazardous Materials Transportation Act. 49 LJ.S.C. Section 18��. et seq.. the Resource
<br /> Conser�ation and Recv�ery Act, 42 U.S.C. Sectivn 59�1, et s�q.. vr ather applicable state or federal laws. rules.
<br /> or regulat�ons adopted pursuant thereto.
<br /> E�ent of Default. Th�wards "E�ent of Default" mean�ny of the e�ents v#default�set fvrth in this Deed of Trust in a
<br /> the e�ents vf de#ault sectian of this Deed of Trust. -' �"
<br /> �
<br /> Existing indebtedness. The wards "Existing Indebtedness" mean the indeb�ness desGribed in the Existing Liens
<br /> pra�ision❑f this Deed a�Trust. �i=-� � -� w Y �
<br /> Guaranty. The word "Guara�►ty.",means the guaranty firom guarantar, endorser, surety, or accammodation party to
<br /> ��.}�.�...,.
<br /> Lender, including without fimitat�on a guaran'�y�of�li or part vf-tMe Note. �
<br /> Hazardous Substances. The wor�s ".Ma�rdous Substances" mean ma#�rials that. bscause ❑f #he�r quan#i#y. �
<br /> concentration vr physical, �hemica�`dr;�fr�feG��vus charac�eristi�s. may cause or pase a pr�sent ❑r potential hazard
<br /> to human health❑r the en►►ironment wh�n imprape�riy used, treated. stored. disposed vf, generated, manufactured. :
<br /> transpar�ed or otherwis� handled. The words "Ha�ardaus Substan�es" are used in their ►►ery broadest sense and �
<br /> include without limitation any and alf hazardvus or tvxic suhstan�es. materials ar waste as defined hy or listed
<br /> under the En�ironmental Laws. The term "Hazardous 5ubstances" als❑inc�udes, withvut�imitation, petroleum and r
<br /> pe#raleum by-products or any fract�on thereof and asbestvs. '
<br /> Impro�ements. The word "Impro�em�nts" means a�# existing and future impro�ements, huildings, struCtures,
<br /> mobile hvmes affixed �n the Real Property, �acilities, additions, replacements and other construction on the Rea#
<br /> Pro pe rty.
<br /> Indebtedness. The word "Indebtedness" means all prin�ipal, in�erest, and o#her amounts. costs and expenses
<br /> payable under the Note vr Related Do�uments, tog�ther with all renewals �f� extensions of, modifii�ations af,
<br /> cons�lidati�ns of and substitutions for the Nvte vr Related Dacuments and any amvunts expended or ad�anced by
<br /> Lender to discharge Trustor's abligatians or expenses incurred by Trustee or Lend�r to Qnfvrce Trustor's
<br /> ❑b�igations under this Deed of Trus#. tvgether with interest on such amvunts as pr��ided in this Deed of Trus#.
<br /> 5pecifica�iy, without fimitation, Indebtedness in�ludes the future ad�ances se# #orth in the Future Ad�ances
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