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DEED QF TRUST Loan No: 774207 (Continued) Page 8 20020643__ references to Truster shall mean each and every truster, and all 'Ireland-- to Borrower shell mean -Ann and every Bnrmwer. This means that each Borrower antl Truster signing below Is responsible for all oblinations in this Deed of Trust Where any one or more of the parties is a uorporetlon, partnership, limited liability tympany or similar entity, it is not necessary for Lender to inquire Into the powers of any of the officers, Il eowrs, partners, members, or other agents acting or purporting to act on the onfity's behalf, and any obligations made or creatld in reliance upon the professetl exercise of push powers shall be guaranteed antler this Deed of Trust. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omieslon on the part of Lander in exercising any 1-1111 shall opera(, as aawaiver of such right Or any other right A waiver by Lender of a provision of this Deed of bust shall not prejudice or cnnstitule u waiver of I antler's right otherwise Tn demand strict compliance with that provision or any other provision of this Deed or Trust. No prior waiver by Lender, nor any course of dealing between Lender and Truster, shall constitulo a waiver Of any uI Lender's rights or of any of Trustnr's obligations as to env future transactions. Whenever the consent of Lender Is required under this Deed of Treat, the granting Of such Consent by Lender in any instance shall not constitute continpiny consent to subsequent instances where such ca ion is required and in all cases such consent may be grunted or withheld in the sole Quotation of Lender. ns Severability. If a court of competent jurisdiction finds any provision of this Decd of Trust to he illegal, invalid, or unenforceable as m any nimumstahee, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other Arcumstanre. It feasible, the offending provision ahall be considered motllfied an that it becomes legal, valid and enforceable. If the offending provision cannot he so modified, It shall be considered deleted Irum this Dead of Trust. Unless otherwise required by law, the illegality, Invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Date of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Dead of Trust shall be binding upon and Inure to The benefit of the parties, their successors and assigns. If nw ership of the Property becomes vested in a person other than Trustoq 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 Truster from the oblinations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. I'me is of Rea essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Truster hereby releases and waives all rights and benefits of the homestead a -porn laws of the State of Nebraska as to all Indcbtetlness secured by this Deed of Trust. x DEFINITIONS. The following capitalized words and terms shall have the following earnings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts' In lawful money or the United States 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 nut otherwise defined in (his Deed of Trust shall have the meanings attributed to such terms in the (Iumno Commercial Code- beneficiary. The word "Beneficiary, means Five Points Bank, and its successors and assigns. Borrower. The word "Borrower" means REYNOLDS Is ZISKA INC; GOONEY PROPERTIES, INC: antl ROLAND E REYNOLDS, and all other persons and entities signing the Note In whatever capacity. Deed of Trust. The words 'Deed of Trust" mean this Decd of Trust among Truster, Lender, and IMates, and includes without .a imitation all assignment and bounty Interest provisinns relating to the Personal Property and Rents. Defaulf the word 'Default" means the Default se( forth in this Deed of I rust In the section titled "Organic Envlronmenaal Laws. the words 'Environmental Laws" m can any and all state, federal and local statutes, regulatinns and ordinancas relation to the protection of human health or the environment, Including without limltation the Comprehensive Envlronmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, of seq. I'CERCLA "), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99 -499 V SARA f, the Hazardous Materials Transportation Art, 49 U.S.C. Section 1801, At say., the Resource Conservation and Recovery Act 42 TB C. Section 6901, et federal laws, rules, or regulations Adopted pursuant thereto. seq_, or other applicable state or Event of Default. The words "Event of Default' mean any of the events ul default set forth In this Deed of Trust in the events of default section of this Deed of bust. Existing indebtedness. The words "Existing Indebtedness" mean the indebtedness tl- scAided in the Existing Liana provision of This Dead of Trust. Guaranty. The word "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 materiels that, because of their quantity, concentration or Physical, chemical or infectious c haracterither, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled_ The words " Hazardnus Substances" are raid in Ikea very broadest sense and include without limitation any and all hazardous or toxic vubstances, materials or waste as defined by nr listed under the Environmental Lewis - The term 9lazaorma Substances" also includes, without limltation, petroleum and petroleum by products or any traction thereof and asbestos. Improvements. The word "Improveme Its" means all existing and future improvements, buildings, structures, mobila homes affixed on the Real Property, facilities, remained, replacements and other consnuction on the Reel Property_ Indebtedness. This word "Indebtedness" means all principal, interest and other amounts, costs and expenses payable under the Note or Related Dncuments, together with all renewals of, axtrusione of, modifications or, oonsolidarlans of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Tmsmr's obligations Or expenses incurred by Trustee or Lentler to enforce Tmstor's obligations under this Deed of Trust together with interest on such amounts as provided in this Blood of Trust.