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202207758
<br />(1) That certain Term Note, dated September 28, 2022 in the original principal amount of Four
<br />Million Two Hundred Fifty -Two Thousand and 00/100 Dollars ($4,252,000.00), executed and
<br />delivered by Southside Tire of Nebraska, LLC to the Lender; and
<br />(2) The performance of all of the promises and agreements contained in this Deed of Trust.
<br />This Deed of Trust has been given and is intended to secure the full and prompt payment and performance
<br />of the Liabilities.
<br />This Deed of Trust secure, among other things, "future advances" and "future obligations". The priority of
<br />the lien hereunder securing such future advances and future obligations shall relate back to the date this
<br />Deed of Trust was recorded. The total principal amount of Liabilities which may be secured hereby at any
<br />one time is Four Million Two Hundred Fifty -Two Thousand and 00/100 Dollars ($4,252,000.00). In
<br />addition, the Deed of Trust shall secure unpaid balances of advances made by Lender with respect to the
<br />Premises, for the payment of Impositions, as hereinafter defined, insurance premiums and costs incurred
<br />for the protection of the Premises and any charges, expenses and fees, including, without limitation,
<br />attorneys' fees to the extent allowed by applicable law, which, by the terms hereof, shall be added to and
<br />increase the Liabilities. This Deed of Trust shall remain in full force and effect with respect to all of the
<br />Premises until all Liabilities shall have been paid and performed in full. If the Liabilities are paid and
<br />performed in accordance with the terms of the applicable Related Documents, including, without limitation,
<br />the observance of all the agreements contained in this Deed of Trust, this Deed of Trust shall become void
<br />and shall be released at the sole expense of Grantor.
<br />The term "Rate Management Transaction" in this Deed of Trust means any transaction, (including an
<br />agreement with respect thereto) now existing or hereafter entered into by any Borrower and the Lender,
<br />which is a rate swap, basis swap, forward rate transaction, commodity swap, commodity option, equity or
<br />equity index swap, equity or equity index option, bond option, interest rate option, foreign exchange
<br />transaction, cap transaction, floor transaction, collar transaction, forward transaction, currency swap
<br />transaction, cross -currency rate swap transaction, currency option, derivative transaction or any other
<br />similar transaction (including any option with respect to any of these transactions) or any combination
<br />thereof, whether linked to one or more interest rates, foreign currencies, commodity prices, equity prices or
<br />other financial measures.
<br />The term "Related Documents" in this Deed of Trust means all loan agreements, credit agreements,
<br />reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements,
<br />assignments, guaranties, or any other instrument or document executed in connection with any of the
<br />Liabilities.
<br />The Grantor promises and agrees with the Lender that each of the following is true and will remain true until
<br />termination of this Deed of Trust and full and final payment of all Liabilities:
<br />1. Payment of Liabilities; Performance of Obligations. The Grantor shall promptly pay when due,
<br />whether by acceleration or otherwise, the Liabilities for which the Grantor is liable, and shall promptly
<br />perform all obligations to which the Grantor has agreed under the terms of this Deed of Trust and any of the
<br />other Related Documents.
<br />2. Taxes and Liens. The Grantor shall pay, when due, before any interest, collection fees or penalties
<br />shall accrue, all taxes, assessments, fines, impositions, and other charges which may become a lien prior to
<br />this Deed of Trust. Should the Grantor fail to make those payments, the Lender may at its option and at the
<br />expense of the Grantor, pay the amounts due for the account of the Grantor. Upon the request of the Lender,
<br />the Grantor shall immediately furnish to the Lender all notices of amounts due and receipts evidencing
<br />payment. The Grantor shall promptly notify the Lender of any lien on all or any part of the Premises and
<br />shall promptly discharge any unpermitted lien or encumbrance.
<br />3. Change in Taxes. In the event of the passage of any law or regulation, state, federal or municipal,
<br />subsequent to the date of this Deed of Trust, which changes or modifies the laws now in force governing
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