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DEED OF TRUST 200209785
<br />(Continued) Page 8
<br />between the parties or the subject matter of the Dispute shall central This arbitration provision shall survive termination, amendment or
<br />expiration of any of the documents or any relationship between the parties.
<br />FACSIMILE AND COUNTERPART. This document may be signed in any number of separate copies, each of which shall be effective as an
<br />original, but all of which taken together shall constitute a single document An electronic transmission or other facsimile of this document
<br />or any related document shall be deemed an original and shall be admissible as evidence of the document and the signer's execution.
<br />COMPLIANCE DEFAULT. The Compliance Default subparagraph under Events of Default is hereby deleted in its entirety.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the mantra set forth In this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless
<br />given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Annual Reports. It the Property Is used for purposes other than Truster's residence, Truster shall furnish to Lender, upon request, a
<br />certified statement of net operating income received from the Property during Truider's previous fiscal year in such form and detail as
<br />Lender shall require. Not operating income' shall mean all cash receipts from the Property less all cash expenditures made in
<br />connection with the operation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate In the
<br />Property at any time held by or for the benefit of Lender In any capacity, without the written consent of Lender.
<br />Governing Law, This Deed of Trust will be governed by, construed and enforced in accordance with federal law and the laws of the
<br />State of Nebraska. This Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />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
<br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such
<br />right or any other right A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by
<br />Lender, nor any course of dealing between Lender and Truster, shall constitute a waiver of any of Lender re rights or of any of
<br />Trustor'a obligations as to any fours transactions. Whenever the consent of Lender Is required under this Deed of Trust, the granting
<br />of such consent by Lender In any Instance shall not constitute continuing consent to subsequent Instances where such consent is
<br />required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Sevenubility. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />any circumstance, that finding shall not make the attending provision Illegal, Invalid, or unenforceable as to any other circumstance. If
<br />feasible, the offending Vrov.e,.n shall be considered modified so that it becomes legal, valid and enforceable. If the offending
<br />provision cannot be so modified. It shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />Illegality, Invalidity, or unenforceabi lily of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of
<br />any other provision of this Dead of Trust
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Truster's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />ested In a closer other than Truster, Lender, without notice to Truster, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the lout,m dines. by way of forbearance or extension without releasing Truster from the obligations of this Deed of
<br />Trust or liability under rho 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. Trustor hereby releases and waives all rights and henetits 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 capitalized wards and terms shall have the following meanings when used In this Deed of Trust. Unless
<br />specifically stated to the contrary, ail references to dollar amounts shall 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 net otherwise defined In this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Wells Fargo Bank Nebraska, National Association, and Its successors and assigns.
<br />Borrower. The word "Borrower' means Equity &Land. LLC, and all other persons and entities signing the Note in whatever capacity.
<br />Dead of Trust. The Woods "Deed of Trust" mean this Deed of Trust among Truster, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default. The word "Default" means the Dafsult set forth in this Deed of Trust in the section titled "Default ".
<br />Environmental Laws. The words "Environmental Laws' mean 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, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. CCERCLA"L the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L, No 99 -499 P SARA "1, the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, at seq., the Resource Conservation and Recovery ACT 42 U.S.C. Section 6901, at seq.. or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />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
<br />default section of this Dead of Trust.
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