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Loan No: 3408320744 D � Con�t nuedlST 2 � 10 0'7 S 2 f page 11
<br />required and in all cases such cqnsant may be granted or withheld in the sole discretion of Lender.
<br />Severebili#y. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invaiid, or unenforceable as to
<br />any person pr circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other parson
<br />or circumstanca. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and entorceable. If
<br />the pffending provision cannot be so modified, it shall be considered deleted from this Deed of 7rust. Unless otherwise required by
<br />law, the illsgality, invalidity, ar unenforceability of any provision of this Deed of Trust shall not affect the legality, validity pr
<br />enforceability of any pther provision of this Deed of Trust.
<br />5uccessors and Assigns. Subject tn any limitations stated in this peed of Trust on trensfer nf Trustar's interest, this Deed of Trust
<br />shall be binding upon and inure to tha benefit pf the parties, their successors and assigns. If ownership pf the Prpperty becomes
<br />vested in a person other than Trustor, Lender, without notice to 7rustor, 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 />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and banefits 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 vtherwise defined in this �eed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Benaficiary. The word "Beneficiary" means Wells Fargo Bank, Natinnal Association, and its successors and assigns.
<br />Borrower. The word "Borrower" means GMD, LL.C. and includes all co-signers and co-makers signing the Npte 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, end includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default. The word "Dsfault" 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 alt state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprahensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"►, the Superfund
<br />Amendmants and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"1, the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 18�1, et seq., the Resource Conservation and Racavery Act, 42 U.S.G Section 6901, et seq., ar other applicaple stata or
<br />fedsral laws, rules, or regulations adopted pursuant thereto.
<br />Event of �efault. The words "Event of Default" mean any of the events of default set forth in this Deed af Trust in the events of
<br />detault section of this 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 af all vr part of the Note.
<br />Maz�rdaus 5ubstances. The words "Mazardous 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 ta human health or the envirnnment
<br />when impraperly 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 ar any fraction therepf and asbestas.
<br />Improvements. The word "Improvements" means all existing and future imprpvements, buildings, structures, mobile hvmes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Inde6tednass. The word "Indebtedness" means all principal, interest, and other amounts, casts and expenses payable undar the Note
<br />or Related Dpcuments, together with all renewals of, extensions of, modifications pt, consnlidations of and substitutions for the No#a
<br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's o6ligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligations under this Deed nf 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 nf this Deed of Trust.
<br />Lender. The word "Lender" means Wells Fargo 8ank, National Association, its successors and assigns.
<br />Note. The word "Nota" means the note or credit agreement dated October 6, 2010, in the principal amount of 51,50a,000.0� and
<br />the note or credite agreement dated Fabruary 22, 2008, in the principal amount of 52,100,�00.00 from 8orrowar tv Lander, tvge#her
<br />with all renewals of, extensions of, modifications of, refinances of, consolidations of and substitutions for the note or credit
<br />agreement. l'he maturity date of this Deed of Trust is October 20, 2015.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now ar
<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 (including without
<br />limitation all insurance proceeds and refwnds of premiums) from any sale or other disposition of the Property.
<br />Property. The word "Prpperty" 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.
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