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DEED OF TRUST
<br />Loan No: 774252 200206435 (Confioued) 'Page
<br />references to Truster shall mean each and every Truster, and all references to Borrower shall mean each and every Borrower. This
<br />means that each Burrower and Trustor signing below is responsible for all obligations in this Deed of Trust, Where any one or ore of
<br />the parties is a corporation, partnership, limited llabi5ty company or similar entity, It is not necessary for Lender to Inquire Into the
<br />powers of any of the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf. and any
<br />obligations made qr created in reliance upon the professed exarclsa of such powers shall be guaranteed under this Deed of Trust
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such w r Is given In
<br />writing and signed by Lender. No delay or ai ssiou on the part of Lander in a ercisiny any right shall operate a, waiver of such
<br />ve
<br />right or any other right. A waiver by Lender of s provision of this Deed of Trust shell not question o nnsJmte a waiver of Lender's
<br />s Iry
<br />right otherwise to demand strict compliance with that provision or any other provision of this Died of Trust. No prior waiver by
<br />Lender, nor any course of al lingobetween Lender and Truster, shall constitute a waiver of any of Lenders rights n of zany of
<br />Truster s obligations as to any future transactions. Whenever the consent of Lender Is required antler this Dead of Trust, the granting
<br />of such consent by Lender In any Instance shall net constitute continuing produnt to subsequent instances where such Consent is
<br />required and in all cases such consent may be granted or withheld in the sule discretion of Lender.
<br />Severability. It a court of competent jurisdiction finds any provision of this Deed of Trust to be Illegal, invalid, or a enforceable os to
<br />any circumstance, that finding shall not make the cropping provision illegal, invalid, o enforceable as to any other olrcumstanae. It
<br />feasible, the offending provision shall be considered modified so that It becumes legal, valid and enforceable If the offending
<br />provision cannot be so nrudd ed, It shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />illegality, irevolidlly, or undeforceablllty of any pressudo of this Dead of Trust shall not affect the Iuyulity, solidity or enfmreabilay of
<br />any purer provision of this Deed of Trust.
<br />Sueeesa.re and Assigns Subject to any limitations stated in this deed of Trust on transfer of Trustor's interest, this Deed of Trust
<br />shall be, binding upon antl Ir mr, to the benefit of the parties, their successors and assigns_ If ownership of the Property hecomes
<br />ested in a person other than Truster, Lander, without notice to Truster, may deal with Truster 'a successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing 1rustor from the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trust, hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following el,andiized words and terms shall have the following meanings when used in this Deed of Trust. Unless
<br />specifically staled to the contrary, all references to dollar amounts shell mean amounts in lawful money of the United States of America
<br />Words and terms used in the singular shall Include the plural, and the plural shall include the singular, as the context may require. Words
<br />and terms not otherwise defined In this Dead of Trust shall have the meanings attributed to such terms in the Uniform Curnmerclal Code:
<br />Beneficiary. The wort "Beneficiary" means Five Points Rank, and Its successors and assigns.
<br />Borrower. The word "Borrower" means REYNOLDS & LISKA INC; COONEY PROPERTIES, INC; antl ROLAND F REYNOLDS. and all
<br />other persons and ennf,es signing the Note in whatever capacity.
<br />Deed of Trust. The words "Deed of Trust" mean this Deep of Trust among Truster, Lender, and Trustee, and Includes without
<br />limrtutmn all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust at the section titled "Default".
<br />Environmental Laws. the word °Environmental Laws" 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
<br />Response, Compansetion, and liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. 1 "CFRCLA "l, the 8uperfund
<br />Amendments and Remrtharizaten Act of 1986, Pub. L No 99 -499 I "SARA 1, the Hazardous Materials Transportation Act, 49 J,si
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.5. C. Section 6901, et seq., or other applicahle state o r
<br />federal laws, rules, or regulations adopted pursuant [
<br />hereto
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Dead of Trust In the events of
<br />default section of this Deed of Trust
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Treat.
<br />Guaranty. This word "Guaranty" moans the guaranty from quarantoq endorser, surety, or accommodation party to Lender, Including
<br />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, concentration or
<br />physical, chemical er infectious characteristics, may cause or pose a present or potential hazard to human health or the eavlronmanr
<br />when Improperly used, treated, stored, disposed of, generated, Ulanotactured, tranaportad or otherwise handled. The words
<br />"Hazardous Substances" are used in their, very broadest sense and include without Iieltation any and all hazardous or toxic
<br />substances, materials o ante as defined by or listed under the Envimnmenml Laws. The term "Hazardous Substances" also
<br />includes, Without limitation, petrabura and petroleum by -pear l6 or any fraction thereof and ashBstos.
<br />Improvements, the word "Improvements" md, a his all existing unit future improvements, buildings, structures, mob, le heroes affixed on
<br />the Heel Property, faculties, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word "Indebtetlness" means all principal, interest, and other amounts, costs and expenses payable under the Note
<br />or Rotated Docunrcuts, together with all renewals of, extensions oir modifications of, consolidations of and substitutions for the Note
<br />or Related Documents and any grosimi expended or advanced by Lender to discharge Trustor'a obligations or expenses incurred by
<br />Trustee or Lender to enforce Trugher's obhquiouns under this Deed of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust
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