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<br />200900177
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<br />Loan No: 809638
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<br />DEED OF TRUST
<br />(Continued)
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<br />Page 6
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<br />18W, the 18WS of the Stllte of Nebreake without rBgerd to lte confllcte of 18w provisions. This Deed of Trust hes b88n scc8pted by
<br />Lender In the Stete of Nebreake.
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<br />Choice of Venue. If there is a lawsuit, Trustor agraes upon Lender's request to submit to the jurisdiction of the courts of Hall County.
<br />St8te of Nebraska.
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<br />No W81ver by Lender. Lender sh811 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 waiv8r 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 deeling between Lender and Trustor, shall constitute s waiver of any of Lender's rights Or of any of
<br />Trustor's obligations ss to any future 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.
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<br />Severability. If a court of competant jurisdiction finda any provision of this Deed of Trust to be illegal. invalid. Or unenforceable as to
<br />any circumstance. that finding shall not make the offending provision illegal. invalid. or unenforceable as to any other circumstance. If
<br />feasible. the offending provision 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 unenforceabillty of any provision of this Deed of Trust Shall not affect the legality, validity or enforceability of
<br />any other provision of this Deed of Trust.
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<br />Succassors 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 snd 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 />Tlma Is of tha E..ance. Time is of the essence In the performance of this Daed of Trust.
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<br />Waive Jury. All parlles to tills Deed of Trust hsraby waive. tha right to any Jury trial In any 8CtlOn, proceeding. or counterclaim brought
<br />by any party against any othar party.
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<br />Walvar of Homestaad 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 capitalized words and terms shall have the following meanings when used In this Daed 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 Equitable Bank. and its successors and assigns.
<br />
<br />Borrower. The word "Borrower" means NORTHWIND VENTURES LLC and includes all co-signers and co-makers signing the Note and
<br />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 Parsonal Property and Rents.
<br />
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
<br />
<br />Envlronmentel Laws. The words "Environmental Laws" mean any and ell 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 amanded. 42 U.S.C. Section 9601, et seq. ("CERCLA"I, 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 1 B01, et seq., the Resource Conservation and Recovery Act. 42 U.S.C. Section 6901. et seq., or other applicabla 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 />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 />Guarantor. The word "Guarantor" means any guarantor, surety. or accommodation party of any or all of the Indebtedness.
<br />
<br />Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, Including without limitation a guaranty of all Or part of
<br />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 poae a present or potential hazard to humon health or the environment
<br />when improperly used, treated, stored, disposed of, generatad, manufactured. transported or otherwise handled. The words
<br />"Hozardous Substances" are used in their very broodeS! sense and include withoul limitation any and all hazardous or toxic
<br />substancas. materiols or waste ss 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 />Improvemen18. The word "Improvements" meanS all existing and future Improvements. buildings. structures, mobile homes affixed on
<br />the Raal Prop arty. facilities. additions, replacements and other construction on the Raal 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 Equitable Bank. its successors and assigns.
<br />
<br />Note. The word "Note" means the promissory note dated July 22, 200B, in the original principal amount of $275,000.00
<br />from Trustor to Lender, togather with all renewals of, extensions of, modifications of, refinancings of. consolidations of, and
<br />substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is August 1. 2013.
<br />
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />heraafter owned by Trustor. and now or hereafter a!laChed or affixed to the Real Property; together with all accessions, parts, and
<br />additions to. all replacements of, and all substitutions for, any of such proparty; and together with all procaeds (including without
<br />limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property.
<br />
<br />Property. The word "Property" means collectively the Real Property and the Personal Property.
<br />
<br />Real Property. The words "Real Property" mean the real property, interests and rights. as further described In this Deed of Trust.
<br />
<br />Related Documenta. The words "Related Documents" mean all promissory notes, credit 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 Indebtedness.
<br />
<br />Rente. The word "Rents" means all present and future rents, revenues. income. issues. royalties, profits, and other benefits derived
<br />from the Property.
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<br />Trustee. The word "Trustee" meanS Equitable Bank (Grand Island Region). whose address is 113-115 N Locust St; PO Box 160.
<br />Grand Island, NE 68802-0160 and any substituta or successor trustees.
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