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<br />200809579
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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
<br />interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the
<br />written consent of Lender.
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<br />Governing Law. This Deed of Trost will be governed by and interpreted in accordance with federal law
<br />and the laws of the State of Nebraska.
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<br />No Waiver by Lender. Grantor understands Lender will not give up any of Lenders rights under this Deed
<br />of Trost unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not
<br />mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights,
<br />that does not mean Grantor will not have to comply with the other provisions of this Deed of Trust. Grantor
<br />also understands that if Lender does consent to a request, that does not mean that Grantor will not have to
<br />get Lender's consent again if the situation happens again. Grantor further understands that just because
<br />Lender consents to one or more of Grantor's requests, that does not mean Lender will be required to
<br />consent to any of Grantor's future requests. Granter waives presentment, demand for payment, protest,
<br />notice of dishonor, notice of intent to accelerate, and notice of acceleration.
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<br />Severability. If a court finds that any prevision of this Deed of Trust is not valid or should not be enforced,
<br />that fact by itself will not mean that the rest of this Deed of Trost will not be valid or enforced. Therefore, a
<br />court will enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust
<br />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 Grantor's
<br />interest, this Deed of Trost shall be binding upon and inure to the benefit of the parties, their successors and
<br />assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice
<br />10 Granter, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness
<br />by way of forbearance or exlension without releasing Grantor from the obligations ofthis Deed of Trust or
<br />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 />DEFINITIONS. The following words shall have the following meanings when used in this Deed ofTrust:
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<br />Environmental Laws. The words "Environmental Law" mean any and all stale, federal and local statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
<br />amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorizalion
<br />Act of 1986, Pub. L. No. 99499 ("SARA"), the Hazardous Materials Transportation Act, 49 V.S.C. Section
<br />1801, et seq., the Resource Conservation and Recovery Act, 42 V.S.C. Section 6901, et scq., or other
<br />applicable state or 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
<br />Trost, the Note or the Security Documents.
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<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation
<br />party to Lender, including wilhout limitation a guaranty ofall or part of the Indebtedness.
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<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential
<br />hazard to human health or the environment when improperly used, treated, stored, disposed of, generated,
<br />manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very
<br />broadest sense and include without limitalion any and all hazardous or loxic substances, materials or waste
<br />as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes,
<br />without limitation, petroleum and petroleum by.products or any fraction thereofand asbestos.
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<br />Improvements, The word "Improvements" means all existing and future improvements, buildings,
<br />structures, mobile homes, fixtures affixed on the Property, facilities, addilions, replacements and other
<br />construction on the Property.
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<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and
<br />expenses payable under the Note, together with all renewals of, extensions of, modifications of,
<br />consolidations of and substitutions for the Note and any amounls expended or advanced by Lender to
<br />discharge Grantor's obligations or expenses Incurred by Trustee or Lender to enforce Grantor's obligations
<br />under this Deed of Trost, together with interest on such amounts as provided in this Deed of Trust; and all
<br />present and future debts of Grantor, to Lender, even if this Deed of Trust is not referenced, or if the future
<br />debt is unrelated to or ofa different type than this debt.
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<br />Note. The word "Note" means collectively Ihe Promissory Note dated November 17,2008, in the original
<br />principal amount of $6.107.26 from Grantor to Lender, together with all renewals of, extensions of,
<br />amendments of, modifications of, refinancings of, consolidations of, and substitutions for the promissory
<br />note or agreement.
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