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DEED OF TRUST Upon No: 31386 200207181 (Continued) Page 7 upon the Trustee In this Dealt of Trust and by applicable law. This procedure for weentrution of Trustee shall govern to the sandwich Of of other provisions for substitution. NOTICES. Any notice required to be given under full Deed of Tmel, including without limitation any notes of default and any nobee of sale shell be given in wrung, and shall be effective when actually delivered, when acNa y eceived by telefacsimle (unless downward required by Iaw) , when deposited won a nationally recognized overnight courier or ff mailed, when deposited in the United States mail, as first class continued or registered mail postage prepaid, directed to the addresses shown near the beginning of this Dead of Trust All declare Of moose of bremosure from the holder Of any lien which has priority over this Deed Of Trost shall be sent to Local address, as shown new the beginning Of this Deed of Trust Any party may change it addrwa for notices under this Dealt Of Trust by giving formal wagon notice N the Other penes, spectra lop that the purpose of the notice is to change the party address. For notice purposes, Trader agrees to keep Lander informed at of tares of Trusters current address. Unless automated provided Or required by law, if there Is more than one Truster any notice given by Lander to any Total is deemard to has needs given M of Trull IMSCELLANEOUS PROVISIONS. The blowing miscellaneous provisions are a pan Of this Dealt Of Trust: Amendment This Deed of Trust, together with any Related Borrowing. constral the entire understanding and agreement of has parties as to the matters OR torch In this Deed at Treat No ahemal of or amendment to this Deed of Trust shall ber etedrve unless given in wrung and signed by the party or parties sought to be changed or bound by the alteration Or amendment. Amend Reports. 11 the Property is used for purposes Other than Truster '9 RSldi nice, Truster shall turban IO Lender. upon request a comand statement of net operating income received from NO Property during Toasters previous fiscal year In such form and detail As Lander shall require. Net operating income shall mean all cash receipts from the Pmpmly, less of Cash expenditures made in connection with the operation of the Property . Cantina Head'wys. Caption headings In this Dead of Touch are for convenience purposes only and ere not to be used M IMeryret or define the provenow of tut Used of Twat. Meari There shall be no merger of the Interest or estate created by this Deed of Trust With any other interest or estate In the Property at any rime held by or for the benefit of Lander In any capacity, without the winner consent of Lander. Careering Law, Thu Deed of Town Wn be governed by, count and edorud in reactions with f ble al New and the laws of IM Stale of Nebraska. Tire Dead of Trust Wm Now atteplW by Lender in the &Me of Notras4e. wine and Sweraf LiabJil All obligations of Borrower and Truster under this Deed of Trust shall be joint and several, and all references to Toaster shall farm each and every Thai and of references to Borrower shell mean each and every Borrower. This means that each Borrower and Trustor signing below Is responsible for all obligations In this Dealt of Trust. No Warren by Lender. Lumber shell set b r covered to have waNetl any Ages under this Dealt of Trust unless each waiver is given in writing and spend by Lender. No delay or mossion on the part of Lender in exceeding any right shall operate As a waiver Of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shell set prejudice or constitute a waiver f Lander right otherwise to demand sNC[ eomefianee win that provision or any other provision of Ibis Deed of Treat No prior waiver by Lender, nor any course of dealing between Lender and Truster, shell constitute a waiver of any of Lender's rights or of any of Trul obligations tie to any Entire transactions. Whenever the cancer of Lander is required under his Deed of Trust the gaining of such consent by Lander In any Instance shall not Rea le continuing consent to subsequent moral where such consent is required and In all cases such consent may by granted or whhlreld in the sole die reran m Lender. Sererahary. If a noun of competent iunsebaon Tads any Provision of this Deed of Trust to be a pple, invalid, of homeowebls as to any person or ounnrsered that finding shall not make the offending provision Illegal, invalid, Or unenforceable he to any other parson or circumstance. If feasible, the offending Provision Row be considered modified so that u becomes Ia(lel, valid and enforceable. It the offending provision cannot be as backed, it shall be considered deleted from this Deed of Trust. Unions otherwise required by law, the anstafrty, invalidity, or unanforc urbility of any provision of this Deed of Trust shall not asset the legality, validity or enforceability of any other provision of Deed of seal. %mwasora and Interests. subject to any limitations shared in this Deed of Trust on honest of Trusters inlereat, this Dead of Trust sM1m1 be binding upon and Inure to Iha benefit of rho pestles, their successors and assigns. If ownership of the Property damage vested In a person other than Trustor, Lender. wbhout owned to Trustor, may deal with Tanjore suceea m with reference To this Deed of Trual and the Indebtedness by way of forbearance or Signa on w¢hout Consul Truemr from the obligaflow of this Deed of mat of liability under the Indebtedness. Time is of the Cannot. Time Is of the essence in the performance of this Dealt of Trost. Waive Jeff. NI purtiu of dove Deed of Trw berehy ware We right to his jury trial he any acting prrcm4ts, or macho dal e broushl by my Party asaual soy office patty. Warren of Household Exempting Toanor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraska es to all Indebtedness secured by this Deed of Tmaf. DEY1 DONS, The following eapecalized words and teems Shall have the following meanings when used In this Deed of Trost. Unions speeslCBlly stated to the contrary, all references to dollar amounts shall mean amounts In IavMl meney of the Unlfed SIa19a of America Words antl tights used in the singular Buell include the all and the plural shall include IM1e singular, as the copra lmay require. Wards and terms not cooed defined In this Deed of Trost shall have the meanings atlnbuted to such terms In the Uniform Commercial Cetle: Renewal The word "BarbTcoury matins Howard County Bank a branch of Sherman County Bank, and its successors and aesigre. Rurrower. The word "Borrower means Can Bra Enteryrisea, LLD, and all other moons and entities signing the Nob In whatever cap". DrW of True. The words "Dead of Tral mean this Deed of Trust annow Trustor, Lender, and Trustee, and Includes without limitation a1 assignment and security interest provisions slating m the Personal Pmhy pe and Rents. Isawk. The word 'Default means IM1e Default set forth In this Deed of Trust in the section Load "Defill