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204704114
<br /> DEED OF TRUST
<br /> (Continued) Page 7
<br /> Severabllity. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal,Invalid,or
<br /> unenforceable as to any circumstance,that finding shall not make the offending provision Illegal, invalid, or
<br /> unenforceable as to any other circumstance. If feasible,the offending provision shall be considered modified so
<br /> that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, It shall be
<br /> considered deleted from this Deed of Trust. Unless otherwise required by law, the Illegality, invalidity, or
<br /> unenforoeability of any provision of this Dead of Trust shall not affect the legality,validity or enforceability of any
<br /> other provision of this Deed of Trust
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shall be binding upon and inure to the benefit of the parties,their successors and assigns. If
<br /> ownership of the Property becomes vested in a person other than Trustor,Lender,without notice to Trustor;may
<br /> deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br /> extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br /> Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br /> Waive Jury'. All parties to this Deed at Trust hereby waive the right to any jury trial In any action,proceeding,or
<br /> counterclaim brought by any party against any other party.
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br /> exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> oEnNmONS. The following capitalized words and terms shall have the following meanings when used in this Deed of
<br /> Trust. Unless specifically stated to the contrary,all references to dollar amounts shall mean amounts in lawful money
<br /> of the United States of America. Words and terms used In the singular shat include the plural.and the plural shall
<br /> include the singular,as the context may require. Words and terms not otherwise defined in this Deed of Trust shall
<br /> have the meanings attributed to such terms In the Uniform Commercial Code:
<br /> Beneficiary. The word"Beneficiary`means GREAT WESTERN BANK and its successors end assigns.
<br /> :Borrower. The word"Borrower"means Mendez Enterprises,L.L.C. end Includes at co-signers and co-makers
<br /> signing the Note and all their successors and assigns.
<br /> Deed of Trust. The words"Deed of Trust"mean this Deed of Trust among Trustor,Lender,and Trustee,and
<br /> includes without limitation all assignment end security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Default The word"Default"means the Default set forth in this Deed of Trust in the section titled"Default".
<br /> Environmental Laws. The words "Environmental Laws"mean any and all state, federal and local statutes,
<br /> regulations and ordinances relating to the protection of human health or the environment, including without
<br /> limitation the Comprehensive Environmental Response,Compensation,and Liability Act of 1980,as amended,42
<br /> U.S.C.Section 9601,at seq.("CERCIA"),the Superfund Amendments a nd Reauthorization Act of 1986,Pub.L
<br /> No.99-499("SARA"),the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,at seq.,the Resource
<br /> Conservation and Recovery Act,42 U.S.C.Section 6901,at seq.,or other applicable state or federal laws,rules,
<br /> or regulations adopted pursuant thereto.
<br /> Event of Default The words"Event of Default*mean any of the events of default set forth in this Deed of Trust in
<br /> the events of default section of this Deed of Trust.
<br /> Guarantor, The word "Guarantor means any guarantor,surety,or accommodation party of any or all of the
<br /> Indebtedness.
<br /> Guaranty. The word"Guaranty"means the guaranty from Guarantor to Lender,including without limitation a
<br /> guaranty of all or part of the Note.
<br /> Hazardous Substances. The words"Hazardous Substances" mean materials that, because of their quantity,
<br /> concentration or physical,chemical or infectious characteristics,may cause or pose a present or potential hazard
<br /> to human health or the environment when improperly used,treated,stored,disposed of,generated,manufactured,
<br /> transported or otherwise handled. The words"Hazardous Substances'are used in their very broadest sense and
<br /> or xi substances,materials or waste as defined by or listed
<br /> include without limitation any and.all hazardous o toxic stoats s, Y
<br /> under the Environmental Laws. The term"Hazardous Substances'also includes,without limitation,petroleum and
<br /> petroleum by-products or any fraction thereof and asbestos.
<br /> Improvements. The word "Improvements"means all existing and future improvements, buildings, structures,
<br /> mobile homes affixed on the Real Property,facilities,additions,replacements and other construction on the Real
<br /> Property.
<br /> Indebtedness, The word"Indebtedness"means ell principal,interest, and other amounts,costs and expenses
<br /> payable under the Note or Related Documents, together with all renewals of, extensions of,modifications of,
<br /> consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
<br /> Lender to discharge Ttustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's
<br /> obligations under this Deed of Trust,together with interest on such amounts as provided In this Deed of Trust
<br /> Specifically, without limitation, indebtedness includes the future advances set forth in the Future Advances
<br /> provision, together with all interest thereon and all amounts that may be indirectly secured by the
<br /> Crass-Co lateralizallo n provision of this Deed of Trust.
<br /> Lender. The word"Lender means GREAT WESTERN BANK,its successors and assigns.
<br /> Note. The word'Note"means the promissory note dated June 19,2017,in the original principal amount
<br /> of $45,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of,.
<br /> refinancings of,consolidations of,end substitutions for the promissory note or agreement.NOTICE TO TRUSTOR;
<br /> THE NOTE CONTAINS A VARIABLE INTEREST RATE.
<br /> Personal Property. The words'Personal Property"mean all equipment,fixtures,and other articles of personal
<br /> property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Reel Property;
<br /> together with all accessions,parts,and additions to,all replacements of,and all substitutions tor, any of such
<br /> property; and together with ail proceeds (including without limitation all insurance proceeds and refunds of
<br /> premiums)from any sale or other disposition of the Property.
<br /> Property, The word'Property'means collectively the Reel Property and the Personal Property.
<br /> Real Property. The words'Real Property'mean the real property,interests and rights,as further descrffied in this
<br /> Deed of Trust
<br /> Related Documents. The words "Related Documents" mean at promissory notes, credit agreements, loan
<br /> agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br /> deeds, collateral mortgages.and at other instruments, agreements and documents, whether now or hereafter
<br /> -existirg,.exearted in-connection with the Indebtedness
<br /> Rents. The word'Rents"means all present and future rents,revenues,income,issues,royalties, profits,and
<br /> other benefits derived from the Property.
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