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<br />Loan No: 132827-00100
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200803334
<br />
<br />Page 7
<br />
<br />statement of net operating Inhome received from the Property during Trustor's previous fiscal year In such form and detail as Lender shall
<br />require. "Net operating inCOr' e" shall mean all cash receipts from the Property less all cash expenditures m. ade In connection with the
<br />operation of the Property.
<br />
<br />Caption Headings. Caption ~eadings In this Deed of Trust are for convenience purposes only and are not to be used to interpret or define
<br />the provisions of this Deed of ITrust.
<br />
<br />Merger. There shall be no ITj1erger of the interest or estate created by this Deed of Trust wllh any other Interest or estate In the Property at
<br />any time held by or for the benefit of Lender In any capacity, without the written consent of Lender.
<br />
<br />Governing Law. With res~ect to procedural matters related to the perfection and enforcement of Lender's rights against the
<br />Property, this Deed of Trustl will be governed by federal law applicable to Lender and to the extent not preempted by federal law , the
<br />laws of the State of Nebraska. In all other respects, this Deed of Trust will be governed by federal law applicable to Lender and, to
<br />the extent not preempted by federal law, the laws of the State of Kansas without regard to Its conflicts of law provisions. However,
<br />if there ever is a question apout whether any provision of this Deed of Trust Is valid or enforceable, the provision that Is questioned
<br />will be 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
<br />documents have been accetted by Lender In the State of Kansas.
<br />
<br />No Waiver by Lender. Lenfjer 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 Lenderlt. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or
<br />any other right. A waiver by ender of a provision of this Deed of Trust shall not prejudice or consUlute a waiver of Lender's right otherwise
<br />to demand strict compliance iWith that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of
<br />dealing between Lender and! Trustor, shall consUtute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future
<br />transacllons. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender In any instance
<br />shall not constitute continuldg consent to subsequent Instances where such consent is required and in all cases such consent may be
<br />granted or withheld In the solf discretion of Lender. ,
<br />
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be Illegal, invalid, or unenforceable as to any
<br />circumstance, that finding shall not make the offending provision illegal, Invalid, or unenforceable as to any other circumstance. If feasible,
<br />the offending provision shall be considered modified so that It becomes legal, valid and enforceable. If the offending provision cannot be so
<br />modified, it shail be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability
<br />of any provision of this Deed bf Trust shail not affect the legality, validity or enforceability of any other provision of this Deed of Trust.
<br />I
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be
<br />binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested In a person
<br />other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the
<br />Indebtedness by way of forb11earance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the
<br />Indebtedness.
<br />
<br />Time Is of the Essence. Tile is of the essence in the performance of this Deed of Trust.
<br />
<br />Waiver of Homestead Exem,ption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State
<br />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 specifically
<br />stated to the contrary, all referendes to dollar amounts shall mean amounts in lawful money of the United States of America: Words and terms
<br />used in the singular shall include 1he plural, and the plural shall Include the singular, as the context may require. Words and terms not otherwise
<br />defined in this Deed of Trust shall have the meanings attributed to such terms In the Uniform Commercial Code:
<br />
<br />Beneficiary. The word "Ben~flclary" means CAPITAL CITY BANK, and its successors and assigns.
<br />
<br />Borrower. The word "Borro~er" means Jayhawk Investments 101, Lie and includes all co-signers and co-makers signing the Note and all
<br />their successors and asslgnsJ
<br />
<br />Deed of Trust. The words Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes withoutlimltallon ail
<br />assignment and security Intetest provisions relating to the Personal Property and Rents.
<br />
<br />Default. The 'word "Default" ~eans 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 Response,
<br />Compensation, and liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and
<br />Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations
<br />adopted pursuant thereto.
<br />
<br />Event of Default. The words "Event of Defaulf mean any of the events of default set forth in this Deed of Trust in the events of default
<br />section of this Deed of Trust. I
<br />
<br />Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness.
<br />
<br />Guaranty. The word "Guar~nty" means the guaranty from Guarantor to Lender, including without limitation a. guaranty of all or part of the
<br />Note. I .
<br />
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
<br />chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly
<br />used, treated, stored, dispded of, generated, manufactured, transported or olherwise handled. The words "Hazardous Substances" are
<br />used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or wasle as defined by
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