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r) DEED OF TRUST Loan No: 1712363 2003073 3 (Continued) Page Lender, nor any course of dealing between Lender and Truster, shall constitute a waiver of any of Lender's rights or of any of Thestor'c Obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender In any instance shall not constitute continuing consent to subsequent instances where such consent is required and In all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Dead of Trust to be illegal, invalid or unenforceable as to env circumstance, that finding shall not make the offending provision illegal. Invalid or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so motlifietl. It shall be considered deleted from this Dead of Trust. Unless otherwise required by law, the Illegality, invalidity, or uneeforceability, 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. Successors and Assigns. Subject to any limitations stated In this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested In a person other than Trustor, Lender, without notice to Truster, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time Is of the essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United Stales of America. Words and terms used in the singular shall Include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined In this Deed of Trust shall have the meanings attributed to such terms In the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means United Nebraska Bank, and its successors and assigns. Borrower. The word "Borrower" means Archway Partnership, David J Wetherilt and Gary D Phillips, and all other persons and entities signing the Note In whatever capacity. Deed of Trust. The wortls "Deed of Trust" mean this Deed of Trust among Theater, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The and "Default" means the Default set forth in this Deed of Trust In the section titled "Default ". Environmental Laws. The wards "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. 42 ITS C. Section 9601, at seq. 1 "CERCLA "l, the Superfund Amendments and Reauthorirstion Act of 1986, Pub. L, No 99 -499 1 "SARA "I, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, of see_ the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust In the events of default section of this Deed of Trust. Guaranty. The ward "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when Improperly used, treated, soared, disposed of, generated, manufactured transported or otherwise handled. The words "Hazardous Substances" are used In their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by- products or any fraction thereof and asbestos. Improvements. The word Improvements means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The wood "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together It all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with Interest on such amounts as provided in this Deed of Trust. Lender. The word "Lender" moans United Nebraska Rank, its successors and assigns. Note. The word "Note" means the promissory note dated June 10, 2003, in the original principal amount of $39,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement The maturity date of this Deed of Trust is June 10, 2004. Personal Property. The words "Persurml Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Truster, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (Including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, Interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, s urity agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other mslrumenls, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rants. The word "Rents" means all present and future rents, revenues, Income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means United Nebraska Bank , whose address Is 700 N. Webb, Grand Island, HE 68802 and any substitute or successur trustees. Truster. The word "Trustor" means Archway Partnership. TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS.