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DEED OF TRUST 9$ ��n��� �' �•1� r k Page 6 :
<br /> (Continued) " ` " ' " :
<br /> to demand shict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of :
<br /> dealing between Lender and Trustor, shall constitute a waiver of any of Lender's righis or of any of Trustor's obligaHons as to any future
<br /> hansactions. Whenever the consent of Lender is required under this Deed of Trust,the granting of such consent by Lender in any instance :
<br /> shail not constitute conHnuing consent to subsequent instances where such consent is required and in all cases such consent may be
<br /> granted or withheld in the sole discretion of Lender.
<br /> Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any
<br /> circumstance,that finding shall not make the offending provision illegal,invalid, or unenforceable as to any other circumstance. If feasible,
<br /> �he offending provision shall be considered modified so that it becomes legal,valid and enforceable. If the offending provision cannot be so :
<br /> modified,it shall be considered deleted from this Deed of Trust. Unless otherwise required by Iaw,the illegality,invalidity,or unenforceability :
<br /> of any provision of this Deed of Trust shall not affect the legality,validity or enforceability of any other provision of this Deed of Trust.
<br /> Successors end Aasigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,this Deed of Trust shall be :
<br /> binding upon and inure to the benefit of the parties,their successors and assigns. If ownership of the Property becomes vested in a person
<br /> other than Trustor, Lender, without notice to Trustor, may deal with Trusto�'s successors with reference to this Deed of Trust and the
<br /> Indebtedness by way of forbearance or extension without releasing Trustor irom the obligations of this Deed of Trust or liability under the
<br /> i ndebtedness.
<br /> 7ime is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br /> Waiver of Homeateed Exemptlon. Trustor hereby releases and waives all rights and benefits of the homestead exemption Iaws of the State
<br /> of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> D�:f iNITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically :
<br /> stalcd to the contrary, all references to dollar amounts shall mean amounts in Iawful money of the United States of America. Words and terms :
<br /> usad in the singular shall include the plural,and the plural shall include the singular,as the context may require. Words and terms not otherwise :
<br /> defii�ed in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br /> Beneflciery. The word"Beneficiary"means Nebraska National Bank,and its successors and assigns.
<br /> Borrower. The word"Borrower"means Pinnacle Properties,L.L.C.,and all other persons and entities signing the Note in whatever capacity.
<br /> Deed of Trust. The words"Deed of Trust"mean this Deed of Trust among Trustor,Lender,and Trustee,and includes without limitation all :
<br /> assignment and security interest provisions relating to the Personal Property and Rents. :
<br /> uefault. The word"DefaulM means the Default set forth in this Deed of Trust in the section tiNed"Default".
<br /> Environmentel Laws. The words "Environmental laws" mean any and all state, federal and local statutes, regulations and ordinances
<br /> relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response,
<br /> Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA'�, the Superfund Amendmenis and :
<br /> Reauthorization Act of 1986, Pub.L. No.99-499("SARA"),the Hazardous Materials Transportation Act,49 U.S.C.SecHon 1801,et seq.,the
<br /> Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations
<br /> adopted pursuant thereto.
<br /> Event of DeMult. The words"Event of Default"mean any of the Events of Default set forth in this Deed of Trust in the Events of Default
<br /> section of this Deed of Trust.
<br /> Guaranty. The word"Guaranty"means the guaranty from guarantor,endorser,surety,or accommodation party to Lender,including without :
<br /> IimitaHon a guaranty of all or part of the Note.
<br /> Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
<br /> chemical or infectious characteristics,may cause or pose a present or potential hazard to human health or the environment when improperly
<br /> used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words"Hazardous Substanc�s" are
<br /> used in their very broadest sense and include without limitation any and all hazardous or toxic substanc�s,materials or waste as defined by
<br /> or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum
<br /> by-products or any fraction thereof and asbestos. s
<br /> Improvements. The word"Improvements" means all existing and future improvements,buildings, structures, mobile homes affixed on the
<br /> Real Property,facilities,additions,replacements and other construction on the Real Property.
<br /> Indebtedness. The word"Indebtedness"means all principal,interest,and other amounts,costs and expenses payable under the Note or :
<br /> Related Documents,together with all renewals of,extensions of,modifications of,consolidations of and subsHtutions for the Note or Related
<br /> Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or :
<br /> Lender to en}orce Trustors obligations under this Deed of Trust,together with interest on such amounts as provided in this Deed of Trust. In
<br /> addition,and without Ilmitation,the term "Indebtedness" includes ell amounts IdeMifled in the Cross-CollaterWizMion and Future
<br /> Advences pevagrephs of this Deed of Trust.
<br /> Lender. The word"Lender"means Nebraska National Bank,its successors and assigns.
<br /> hote. The word"Note"means the promissory note dated December 10,1999,in the original principal amount of �413,096.00 :
<br /> from Trustor to Lender,together with all renewals of,extensions of, modifications of,refinancings of,consolidations of,and substitutions for :
<br /> the promissory note or agreement. The maturity date of this Deed of Trust is December 15,2007. :
<br /> Personal Property. The words"Personal Property"mean all equipment,fixtures, and other articles of personal property now or hereafter
<br /> owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
<br /> replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance
<br /> proceeds and refunds of 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 Deed of Trust.
<br /> Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental :
<br /> agreements, guaranHes, security agreemenis, mortgages, deeds of trust, security deeds, collateral mortgages, and elt other instruments,
<br /> agreements and documents,whether now or hereafter ebsting,executed in connection with the Indebtedness.
<br /> Rents. The wwd"Rents"means all present and future rents,revenues,income,issues,royalties,proflis,and other benefits derived from the
<br /> Properly.
<br /> Trustor. The word"Trustor"means Pinnacle Properties,L.L.C..
<br /> TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND TRUSTOR AGREES TO ITS TERMS.
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