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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200800703
<br />
<br />Page 7
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<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust;
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<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender
<br />concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in
<br />writing and must be signed by whoever will be bound or obligated by the change or amendment.
<br />
<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.
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<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.
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<br />Governing Law. With respect to procedural matters related to the perfection and enforcement of Lender's rights against the Property,
<br />this Deed of Trust will be governed by federal law applicable to Lender and to the extent not preempted by federal law, the laws of
<br />the State of Nebraska. In all other respects, this Deed of Trust will be governed by federal law applicable to Lender and, to the extent
<br />not preempted by federal law, the laws of the State of California without regard to its conflicts of law provisions. However, if there
<br />ever is a question about whether any provision of this Deed of Trust is valid or enforceable, the provision that is questioned will be
<br />governed by whichever state or federal law would find the provision to be valid and enforceable. The loan transaction that is
<br />evidenced by the Note and this Deed of Trust has been applied for, considered, approved and made, and all necessary loan documents
<br />have been accepted by Lender in the State of California.
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<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several. and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
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<br />No Waiver by lender. Trustor understands Lender will not give up any of lender's rights under this Deed of Trust unless Lender does
<br />so in writing. The fact that lender delays or omits to exercise any right will not mean that Lender has given up that right. If lender
<br />does agree in writing to give up one of lender's rights, that does not mean Trustor will not have to comply with the other provisions
<br />of this Deed of Trust. Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not
<br />have to get Lender's consent again if the situation happens again. Trustor further understands that just because lender consents to
<br />one or more of Trustor's requests, that does not mean lender will be required to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
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<br />Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not
<br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this
<br />Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable.
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<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.
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<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
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<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.
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<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
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<br />Beneficiary. The word "Beneficiary" means BANK OF THE WEST, and its successors and assigns.
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<br />Borrower. The word "Borrower" means DAVID BOROFF and PAULA BOROFF and includes all co-signers and co-makers signing the
<br />Note and all their successors and assigns.
<br />
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<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"l. 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.
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<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.
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<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing liens provision of this
<br />Deed of Trust.
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<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to lender, including
<br />without limitation a guaranty of all or part of the Note.
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<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.
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<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
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