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201704548 DEED OF TRUST Loan No: 81010925 (Continued) Page 7 agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged OT bound by the alteration or arnendment. Annual Reports. If the Propeirty is used for purposes other than Trustor T S residence, Trustar shal[ furnish to Lender', upon request, a certified statement of net operating incame received from the Property during Trustor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall meari all cash I receipts from the Property less all cash expenditures made in connection with the operation of 1he Property. Caption Headings. Caption headings in this Dead of Trust are for Gonvenierice purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shafl be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender -in any capaclity, without the written consent of Lender. Goveirning Law. This Deed of Trust will be governed by federal law applicable to Lender and, to -the extent not preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Nebraska. Choice of Venue. If there is a lawsuit, Trustar agrees upon Lenderrs request to submit to the jurisdiction of the courts of Hall County, State of Nebraska. Joint and Several Liability. All obligations of Bc)rrovver and Trustor under this Deed of Trust shall be joint and several, and all references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrc),uver- This means that each Trustor signing below iS TeSponsible for all obligations in this Deed of Trust. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiveT- is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver, by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, Shall GOIIIStitUte a waiver of any of Lender"s rights or of any of Trustor T S obligations as to anV future transacfions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not c;anstitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole disGration of Lender. Severability. If a cc)urt of competent jurisdiction finds any provision of this Deed of Trust to be Mega], invalid, or *111a, unenforceable as to any circurnstance, that finding shall not make the �'Wfendlncj, pi hall be�Aopsidecp ---.m�aclMed to urienf orceable as to any other circurnstance. If feasible, the off ending prq`v!sion-':s_ . 0 that -it becomes legal, valid and enfc)rreable. If the offending provisi TX L j -j v, considered deleted from this Dead of Trust. Unless otherwise require' ��Qi r unenforceability of any provision of this Deed of Trust shall not affect the Jegality, validity ar enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor T!S interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becornes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby vvEdve the right to any jury tirial in any ac�fion, proGeeding, or counterclaim brought by any party againstany other party. Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exe m ptio n I a vvs c)f the State of N eb ras ka a s to a 111 n d e bted nes s se c ured by th i s D eed o f Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings vvhen used in this Deed of Trust. Unless specifica[ly stated to the comrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the coritext may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Comi-nerGial Code: Beneficiary. The word "BeneficiaTy" rneans Equitable Bank, and its successors and assigns. Borrower. The word "Borrower" means MR. G'S CAR CARE CENTER, INC. and includes all co-signers and co -makers signing the Note and all their successors and assigns. Deed of Trust. The words 'Deed of Trust" mean this Deed of Trust amorig Trustor, Lender, and Trustee, and includes w1thout limitation all assignment and security interest provIsions relating to the Personal Properiy and Rents. Default. The word 'DefaultTr means the Default set forth In this Deed of Trust in the section titled "Default' Environmental Laws. The words rrEnvironmental Laws" r-nean any and all state, federal and local statutes, regulations and ardinarice!s relatling to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liab-111ily Act ot 19 30r as amended, 42 U.S.C. Section 960 1, et seq, (' CERCLA'), the Superfu nd Amendments and Reauthorizatic)n Act of 1986, Pub. L. Na. 99-499 ("SARA"), the Hazardous Materials Transportatic)n Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pur-suant thereto. Event of Default. The words " Event of Default" mean any of the events of def ault set forth in this Deed of Trust in the e vents of def a ul t so ctio n of t h i s D eed of Trust. Guarantor. The ward rrGuarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word 'GuarantyT means the guaranty from Guarantor to Lender, including without limitation 8 guaranty of all or part of the NWe. Hazardout Substances. The words "Hazardous Substances 11 mean materials that, beoause of their quanfity, concentratic)n or physical, chemical or infectious characteristics, may cause or pose a preserit or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous SubstancesT are used in their very broadest sense and include without firnitation a ' ny and all hazardous or toxic substances, material's or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petraleum and petrc)[eurn by-products or any fraction therec)f and asbiastos.