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201805417 <br /> DEED OF TRUST <br /> (Continued) Page 4 <br /> law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to <br /> make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's <br /> failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. <br /> Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default <br /> and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first <br /> paragraph of this Deed of Trust. <br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of <br /> Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial <br /> and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all <br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its <br /> interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear <br /> interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, <br /> without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal <br /> expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings <br /> (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment <br /> collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' <br /> reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. <br /> Trustor also will pay any court costs, in addition to all other sums provided by law. <br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: <br /> Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not <br /> preempted by federal law,the laws of the State of Nebraska without regard to its conflicts of law provisions. This <br /> Deed of Trust has been accepted by Lender in the State of Nebraska. <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 of 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 /> DEFINITIONS. 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 shall 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 PINNACLE BANK, and its successors and assigns. <br /> Borrower. The word "Borrower" means CAMS INVESTMENTS L.L.C., CHARLES R KOCH and MICHAEL J <br /> HOLLISTER and includes all co-signers and co-makers 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 and security interest provisions relating to the Personal Property and <br /> Rents. <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, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. <br /> No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.,the Resource <br /> Conservation and Recovery Act, 42 U.S.C. Section 6901, et 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 /> Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to <br /> Lender, including without limitation a guaranty of all or part of the Note. <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 all 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 Trustor'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 /> Cross-Collateralization provision of this Deed of Trust. <br /> Lender. The word "Lender" means PINNACLE BANK, its successors and assigns. <br /> Note. The word "Note" means the promissory notes dated July 31, 2018, in the original principal amounts of <br /> $245,000.00 and $30,000.00, for a total of $275,000.00, from Borrower to Lender, together with all renewals <br /> of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory notes or <br /> agreements. <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 Real Property; <br /> together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such <br /> property; and together with all proceeds (including without limitation all insurance proceeds and refunds of <br /> premiums) from any sale or other disposition of the Property. <br /> Y <br /> Property. The word "Property" means collectively the Real Property and the Personal Property. <br /> Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this <br /> Deed of Trust. <br /> Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan <br /> agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security <br /> deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter <br /> existing, executed 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. <br />