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• DEED OF TRUST 2 010 016 i 5
<br />(Continued) Page s
<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, nr unenforceable as tv any other circumstance. If
<br />feasible, the offending provision shall be considered modified so that it becomes legal, valid and enfdreeable. If the offending
<br />provision cannot be sv modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />illegality, invalidity, yr unenforceability of any provision of this heed 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 o'n transfer of Trustor's interest, this bead 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, Lander, 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.
<br />Time is of'the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought
<br />by any party against any other party.
<br />Waiver of Homastoad Exomption. 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 Trus>h
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this bead 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. Tha word "Beneficiary" means Exchange Bank, and its successors and assigns,
<br />Borrower. The word "Borrower" means Mr. G's Car Care Center, Inc and includes all co-signers and co-makers signing the Note and
<br />all their successors and assigns.
<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 />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
<br />Environrental 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 19$6, 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., yr 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 />Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness.
<br />Guaranty. The word "Guaranty" moans the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of
<br />the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration yr
<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 vn 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 nf, cnnsalidalions 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 tv enforce Trustnr's obligations under this Deed of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust. Spacifically,_without limitation, Indebtedness includes the future advances set forth in the Future Advances provision,
<br />together with all interest thereon and. all amounts that may be indirectly secured by the Cross-Collateralizativn provision of this Deed
<br />pf Trust.
<br />Lender. Tha word "Lender" rneans Exchange Bank, its successors and assighs.
<br />Note. The word "Note" rneans the promissory note dated February 26, 2010, in the Of iglnai principal amount of
<br />$592,353.0$ from Trustor to Lender, together with all renewals vf, extensions of, modifications vf, refinancings of, consolidations
<br />of, and substitutions for the promissory note or agreement. NOTICE TO TRUSTOR: THE NOTE CONTAINS A VARIABLE INTEREST
<br />RATE.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles. of personal property now or
<br />hereafter owned by Trustor, 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 lincluding without
<br />limitation all insurance proceeds and refunds of premiums- from any sale or other disposition of the Property.
<br />Property. The word "Property" means collectively the Real Property and the Personal Property.
<br />Real Property. The words '"Real Property" mean the real property, interests and rights, as further described in this Deed of Trust.
<br />Related Documents. The wards "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 />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived
<br />from the Property.
<br />Trustee. The word "Trustee" means Exchange Bank-Grand Island Branch, whose address is P.O. Box 5793, Grand Island, NE 68802
<br />and any substitute or successor trustees.
<br />Trustor. The word "Trustor" means Mr. G's Car Care Center, Inc.
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