|
RE-RECORDEQ • r 1 z.z u 15 5 7
<br />,. 202111014
<br />• D: D O 'MUST •
<br />• 0;'` ci. 4; (Confimued) Page 7
<br />between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations
<br />as to anPuture transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where
<br />such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender,
<br />Severability. If a court of competent jurisdiction finds any prevision of this Deed of 'crust 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 feasibie,:1he 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 />unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforteabflity 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 forbeaKance or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebt'ednees.
<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. (Initial Here
<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 FIRST BANK AND TRUST COMPANY, and its successors end assigns.
<br />Borrower. The word "Borrower" means WILLIS STORAGE, L.L.C. and includes all 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 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 _atstytes,
<br />regulations and ordinances relating to the protection of human t filth'or iTi� _ n Ts nil tl c)gtding withput
<br />limitation the Comprehensive Environmental Response, Compensatiof, and Liabll as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), .the Superfund Amendm is and Rea 1986, Pub i L.
<br />No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, U.S.C. Sect o c '#req., the Resoukce
<br />Conservation and Recovery Act, 42 U.S.C, Section 6901, et seq.,er.,,aplip • federal caws, 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 />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br />provision 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 />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 />include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
<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 all principal, interest, and other amounts, costs and expenses
<br />payable under the Note or Related Documents,., togetherwith 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 Withinterest on such amounts as provided in this Deed of Trust.
<br />Lender. The word "Lender" means FIRST BANK AND TRUST COMPANY, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated December 17, 2021, in the original principal
<br />amount of $750,000.00 from Truster to Lender, together with all renewals of, extensions of, modifications
<br />of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
<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 />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 />
|