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200207737 DEED OF TRUST Loan No: 774634 (Continued) Page 8 Joint and Several Liability. All obligations of Borrower and Truster under this Deed of Trust shall be joint and several, and all references to Truster shall mean each and every Truster, and all references to Borrower shall mean each and every Borrower. This means that each Borrower and Truster signing below is responsible for all obligations in this Dead of Trust. No Waiver by Lander. 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 o emission on the part of Lender in exercising any right shall operate as awaiver of such right or any other right. A waiver by Lender of a provision at this Dead of Trust shall not prejudice or constitute a of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Decd of Trust. No (prior waiver by Lender, nor any course of dealing between Lender and Truster, shall constitute a waiver of any of Lender's rights o of lany of Truster's 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 Deed of Trust to be illegal, invalid, or enforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or 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 modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegally, Invalidity, or u cominceability of any provision of this Deed of Trust shall not effect the legality, validity or enforceability of any other provision of this Deed of Trust. Suc and Assigns. Subject to any limitations stated In this Deed of Trost on transfer of Treetor's interest, this Dead 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 Truster, Lender, without notice to Truster, may deal with Truster 'a successors with reference to this Dead of Trust and the Indebtedness by way of furbcarance or extension without relassing Truster 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. Truster 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 Treat. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of 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 not otherwise defined in this Dead of Trust shall have the meanings attributed to such terms In the Uniform Commercial Cade: Beneficiary. The word Beneficiary nuans Five Points Bank, and Its successors and assigns Borrower. The ward "Borrower" means VANI V KOTCHEHLAKOTA, WILLIAM GOMES and ACNE%GOMES, and all other persons and entities signing the Nem in whatever capacity. Dead of Trust. The wards "Decd of Trust" onssm this Deed of Trust among Truster, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The ward "Default" means the Default set forth In this Dead of Trust in the section titled "Default". Environmental Laws. The words "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 U.S.D. Section 9601, of seq. ( "CERCLA "), the Superfend Amendments and Reauthorization Act of 1986, Pub. L. No 99 -499 ("SARA' L the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Cunservation 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 "Feent of Default" mean any of the events of default set forth in this Dccd of Trust in the events of default section of this Dead of Trust. Existing Indebtedness. The words "Existing Indebtedness" mean the indefttedness described in the Existing Liens provision of this ['cad 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 materials that, because of their quantity, r r entration or physical, chemical or Infectious characteristics, may cause or posea present or potential hazard to hmnao health or the environment when improperly used, matted, stared, 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 ar waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, with mL 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 alher construction on the Real Property. Indebtedness. the word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions tar the Note or Related Documents and env amounts expended or advanced by Lender to discharge Truster's obligations or expenses incurred by Trustee or Lender to enforce Truster 'a obligations under this Deed of trust, together with interest on such amounts as provided In this Dead of Trust. Lander. The word 'Lender " means Five Points Bank, its successors and assigns.