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<br /> DEED OF TRUST 200908285
<br /> (Continued) Page 8
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<br /> Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of
<br /> Truster's obligations as 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,
<br /> Severability. If a court of competent jurisdiction finds 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 Dead of Trust. Unless otherwise required by law, the
<br /> illegality, invalidity, or unenforceability 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.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Truster'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 Truster, Lender, without notice to Truster, may deal with Truster's successors with reference to this
<br /> Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Truster from the obligations of this Deed of
<br /> Trust or liability under the Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<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 /> 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 /> Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns. , .
<br /> Borrower. The word "Borrower" means WESTSIDE BOWLING LANES, INC. and includes all co-signers and co-makers signing the
<br /> Note and all their successors and assigns.
<br /> Dead of Trust. The words "Deed of Trust" mean this Deed of Trust among Truster, Lender, and Trustee, and includes without
<br /> limitation all assignment and security interest provisions relating to the Personal Property and Rents,
<br /> Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
<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, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or
<br /> federal laws, rules, or regulations adopted pursuant thereto.
<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 /> Existing Indebtedness, The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br /> Deed of Trust.
<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.
<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 /> 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 /> 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 Truster's obligations or expenses incurred by
<br /> Trustee or Lender to enforce Truster's obligations under this Deed of Trust, together with interest on such amounts as provided in this
<br /> Deed of Trust. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the
<br /> Cross-Collateralization provision of this Deed of Trust.
<br /> Lender. The word "Lender" means Five Points Bank, its successors and assigns.
<br /> Note. The word "Note" means the promissory note dated August 11, 2009, in the original principal amount of
<br /> $35,000.00 from Truster to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br /> of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is August 11, 2015.
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br /> hereafter owned by Truster, and now or hereafter attached 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 property; and together with all proceeds (including without
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