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Loan No: 87215896
<br />MORTGAGE
<br />(Continued)
<br />202204598
<br />Page 7
<br />Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or
<br />estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Successors and Assigns. Subject to any limitations stated in this Mortgage on transfer of Grantor's interest, this
<br />Mortgage shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership
<br />of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with
<br />Grantor's successors with reference to this Mortgage and the Indebtedness by way of forbearance or extension
<br />without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness.
<br />Time Is of the Essence. Time is of the essence in the performance of this Mortgage.
<br />Waive Jury. All parties to this Mortgage 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. Grantor 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 Mortgage.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used In this
<br />Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful
<br />money of the United States of America. Words and terms used In the singular shall include the plural, and the plural
<br />shall include the singular, as the context may require. Words and terms not otherwise defined In this Mortgage shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Borrower. The word "Borrower" means JAMMAIN, LLC; and BEITA LLC and includes all co-signers and co -makers
<br />signing the Note and all their successors and assigns.
<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 Mortgage In the
<br />events of default section of this Mortgage.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br />provision of this Mortgage.
<br />Grantor. The word "Grantor" means JAMMAIN, LLC.
<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 />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 indudes, 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, 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 Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under
<br />this Mortgage, together with interest on such amounts as provided in this Mortgage.
<br />Lender. The word "Lender" means INTRUST Bank, N.A., its successors and assigns.
<br />Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender.
<br />Note. The word "Note" means the promissory note dated June 10, 2022, in the original principal amount
<br />of $1,236,500.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of,
<br />refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR:
<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 Grantor, 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 />Mortgage.
<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.
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