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<br />" <br /> <br />Loan No: 99893 <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />200708313 <br /> <br />Page 6 <br /> <br />Successors 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 and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes <br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this <br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of <br />Trust or liability under the Indebtedness. <br /> <br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. <br /> <br />Waiver of Homestead Exemption. Trustor 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 /> <br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless <br />specifically stated to the contrary, all 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 not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: <br /> <br />Beneficiary. The word "Beneficiary" means CORNERSTONE BANK, and its successors and assigns. <br /> <br />Borrower. The word "Borrower" means Concord Neighborhood Corp and includes all co-signers and co-makers signing the Note and <br />all their successors and assigns. <br /> <br />Deedof Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee~includes without <br />limitatjonall assignment and,secur1ty interest provisions relating to the P~,u~..ul P.~...~.t, u..d Rents. c>C1Ce> Dt.,) <br /> <br />Default.. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". <br /> <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, et seq. ("CERCLA"). the Superfund <br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act. 49 U.S.C. <br />Section 1801, et seq., the Resource Conservation and Recovery Act. 42 U.S.C. Section 6901, et seq., or other applicable state or <br />federal laws, rules, or regulations adopted pursuant thereto. <br /> <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 Deed of Trust. <br /> <br />Guaranty. The word "Guaranty" means the 9uaranty from guarantor, endorser, surety, or accommodation party to Lender, including <br />without limitation a guaranty of all or part of the Note. <br /> <br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or <br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment <br />when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words <br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic <br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also <br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. <br /> <br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on <br />the Real Property, facilities, additions, replacements and other construction on the Real Property. <br /> <br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note <br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note <br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by <br />Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this <br />Deed of Trust. <br /> <br />Lender. The word "Lender" means CORNERSTONE BANK, its successors and assigns. <br /> <br />Note. The word "Note" means the promissory note dated September 21, 2007, in the original principal amount of <br />$1,250,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, <br />consolidations of, and substitutions for the promissory note or agreement. NOTICE TO TRUSTOR: THE NOTE CONTAINS A <br />VARIABLE INTEREST RATE. <br /> <br />I"8r981'1111 Prel'erty. TloIe werl'la "Pllraal'l!ll Prellert," ""eaA all allljifil""aAt, fiHtljraa, aAY atAar artialall ef !IereeRel filrefilerty Flaw ar , r"J1"2 <br />nereafter e.. Pial'll!, Trljatar, aAl'l A8.. ar Reraafter attaeRal'l ar affiHal:! ta tA9 Real Prafil8rt.,.; UI(ij8lRar witR all a\l8aIl8iIlA8. !Iart8, aRil~ <br />!Iyyiti9f'l9 t9, 0111 r9!11i1991'R8Rtll llf, aR&! all elolsetitloltiaA8 far, !lAY IIf 910111j;J firllfi8rty; ~A&! tll311tl:lllr "'itRall [i'r'ilQllllliu (:~,;,I""iR!I "'itj;Jglolt <br />lir'l'lit8ti8n 811 il"o5ullll'lee ISIeeeed3 aPld rt:hmaa af ~rer'l'lil:lr'l'l91 frel'l'l el'l~ /lale III ati"lel dill~!Il1itiaPl 8f tna Pre~ert{. Of,.;) <br /> <br />Property. The word "Property" means collectively the Real Property and the Personal Property. <br /> <br />Real Property. The words "R~~!Property" mean the real property, interests and r' a\)~er described in this Deed of Trust. <br /> <br />Related Documents. The words "Related Documents" mean edit agreements, loan agreements, environmental <br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other <br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the I. ,d~bLd, .~u:'.l'\oic. <br /> <br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived <br />from the Property. <br /> <br />Trustee. The word "Trustee" means CORNERSTONE BANK, whose address is 529 LINCOLN AVENUE, YORK, NE 68467 and any <br />substitute or successor trustees. <br /> <br />~ <br />P<u <br /> <br />Trustor. The word "Trustor" means Concord Hospitality, Inc. for the benefit of Concord Neighborhood, Corp.. <br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS. <br /> <br />TRUSTOR: <br /> <br /> <br />'ty, Inc. for the benefit of <br />