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201006361
<br />DEED OF TRUST
<br />1jContinued}
<br />Page 7
<br />No Waiver by Lender. Truster understands Lender will not give up any of sender's rights under this Deed of Trust unless Lender does
<br />sa In writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. if Lender
<br />does agree in writing to give up ana of Lender's rights, that does not m®an Trustor will not have to comply with the other previsions
<br />of this peed of Trust. Trustor also understands that if Lender does consent to a r~squest, that does net mean that Trustor will net
<br />have to get Lender's consent again if the situation happens again. Truster further understands that just because Lender consents to
<br />one ar mars of Trustor's requests, that does not mean Lender will b® required to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand far payment, protest, and notice of dishonor.
<br />Severabillty. if a court finds that any proviafan of this Dead of Trust is net valid or should not be enforced, that fact by itself will not
<br />mean that the rest of this Deed of Trust will not be valid or enfar~ced. Therefore, a court will enforce the rest of the provisions a# this
<br />Deed of Trust even If a provision of this Deed of Trust may be found to be Invalid or unenforceable,
<br />Successarv and Assigns. Subject to arty limitations stated in this peed of Trust on #ransfer of Trustor'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 Trustor, Lender, without notice to Truster, may deaf with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance ar ex6ensian without releasing Trustor Pram the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Titus is of the Essence. Trine is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Truster hereby releases and waives all rights and benefits of the ham®stead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />pI=FINI1'IQN&. The following words shall have the fallowing meanings when used in this Deed of Trust:
<br />Beneficiary. The ward "Beneficiary" means BANK OF THE WEST, and its successors and assigns.
<br />Borrower. The word "13arrower" means SCaTT R ATKiNS and includes ail ca-signers and co-makers signing the Nate and all their
<br />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 ail assignment and security interest provisions relating to the Personal Property and Rents.
<br />Environmental Laws, The wards "Environmental Laws" mean any and all state, federal and local statutes, r®gulafions and orclinances
<br />relating iq the protection of human health ar the environment, Including without limitation the Comprehensive Enviranrr;ental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCI.A"), 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, et seq., the Resource Canservafton and Recovery Act, 42 U.S,C. Section 6901, et seq., or ether applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Dsfautt. The words "Event of Default" mean any of the events of defaut# set forth In this I]eed of 'f'rost in the events of
<br />default section of this peed of Trust.
<br />Guaranty. The ward "Guaranty" means the guaranty from guarantor, endorser, surety, yr accommodation party to Lender, including
<br />without limitation a guaranty of all or part of the Nate.
<br />ttaxardaus Substances. The wards "Hazardous Substances" mean materials that, because of their quantity, conoentration 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, d(sposed of, g®nera6ed, manufactured, transported or athenMSe handled. The words
<br />"Hazardous Substances" are used in theft very broadest sense and include without limitation any and all hazardous or toxic
<br />substances, materials or waste as defined by ar list®d under the f~nvironmental 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 an
<br />the Rsal Property, facilities, additions, replacements and other construction on the Real Property.
<br />indebtedness. The -nrord "Indebtedness" means all principal, interest, and other amounts, casts and expenses payable under the Nots
<br />or Related Documents, tageth®r with ail renewals of, extensipns of, modifications of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expended ar advanced by Lender to discharge Trustor's obligations or expanses incurred by
<br />Trustee or Lender to enforce Trustar's obligations under this Deed of Trust, together with interest an such amounts as provided In this
<br />Deed of Trust.
<br />Lender. The word "Lender" means BANK OF THE WEST, its successors and assigns. The wards "successors or assigns" mean any
<br />person ar company that acquires any interest in the Note.
<br />Note. The word "Nate" means the promissory note dated duly 12, 2010, in the original principal amount of $4D,QDO.gq
<br />from Trustor to Lender, together with ati renewals of, extensions af, modifications of, refinancings af, consolidations of, and
<br />substitutions far the promissory note or agreement. The maturity date of this Deed of Trust is July 20, 2020,
<br />Personal Property. The wards "Personal Property" mean all equipment, flxtur®s, and other aeticles of personal property now ar
<br />hereafter owned by Truster, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and
<br />additions ta, all replacements of, and all substitutions for, any of such property; and together with ail proceeds (including without
<br />Ilmitatian 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 praper#y, interests and rights, as further described in this Deed of Trust.
<br />Related Documents. The words "Related Documents" mean ail promissory Hates, credit agreements, lean agreements, environmental
<br />agreements, guaranties, seourlty 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.
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