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� y , � . DEED OF TRUST 2 01 a o s 3 s i
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<br />St3A regulations: (a) When SBA is the holder of the Note, this document and all documents evidencing or securing this Lqan will he
<br />construed in accardance with federat law. (b) Lender er SBA may usa Incel qr gtete prncedures for purposes such as filing papers,
<br />recording documants, giving ne#ice, fereclosing liens, and other purpnses. By using these procedures, SBA does not waive any
<br />federal immunity from local or state control, penalty, tax or liability. No Borrower or Guarantor may claim or assert egainat SBA eny
<br />local or state law to deny any obligation of Borrower, or defeet eny claim of SBA wi#h respect to this Loan. Any clause in this
<br />decument r9quiring arbitration is nat enforCeable when SBA is the hblder of the Note secured by this instrument.
<br />Choice of Venue. If there is a lawsuit, Trustar egrees upon Lender's reques# to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebrasks.
<br />Joint and Several Liability. All obligetions of Borrower and Trustor under this Deed of 7rust shall be joint and saveral, end all
<br />references to Trustor shall mean each and every Trustor, and all references to �orrower shall mesn aach snd every Borrower. This
<br />means that each 7rustor signing below is respvnsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trus# unlssa 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 waiver of such
<br />right or any other right. A waiver by Lender of a provision of this Deed nf Trust ahall no# prejudice or constitute a waiver of Lender's
<br />right otherwise tp demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by
<br />Lendar, nor any course of dealing between Lander and Trustor, shall constitute a waiver of any of Lender's rights or of any qf
<br />Trustor's obligations as to any future transactions. Whenever the consent of Lender is required undsr this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall nat constitute continuing consent tn subsequent instences where such consent is
<br />required and in all cases such consent may be granted or withhald in ths sole discretion nf Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trus# to be illegal, invalid, or unenforceable as.to
<br />any person ar circumstance, that finding shell not meke the offending provision illegal, invalid, or unenforceable as ta any other person
<br />or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legsl, valid and enforceable. if
<br />the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by
<br />law, the illegality, invalidity, or unenforceability of any prqvisipn of this Deed of Trust shall not affect the legality, validity or
<br />anforceability of any other provision of this Deed of Trugt.
<br />Succesaors and Assigns. Subject to any limftetions steted in this beed of Trugt on trsnsfer of 7rustor's interest, this Deed of Trust
<br />shell be binding upon and inure to tha qenefit of the parties, their successors and assigns. If ownership of the Property becomas
<br />vested in a person other than Trustor, Lender, without notice to trustor, may deal with 7rustor's successprs with reference to this
<br />�eed of Trust and the Inde6tedness by way of forbearance or extension without relaesing Trustor from #he obligations of this Ueed of
<br />7rust or liability under the Indebtedness.
<br />Time is o1� the Essence. Time is of the essence in the perfprmsnce of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights end benefits of the homestead exemptian laws of the
<br />State of Nebraska as to all Indebtedness secured by this Dsed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shsll h�ve the following meanings when used in this Deed of Trust. Unless
<br />specifically stated to the contrary, sll references to dnllar amounts shall mean amounts in lawful money of the United Ststes of America.
<br />Words and terma used in tha singular shall include the plurel, and the plural shall include the singular, es the cantext mey require. Words
<br />and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such tarms in the Uniform Commercial Code:
<br />Beneficiery. Ths word "8ensficiary" means Platte Valley 5tate Bank & Trust Company, and its successors and essigns.
<br />Bnrrower. The word "Barrawar" meens Friesen Management, Inc and includes all co-signers and co-makers signing the Note and all
<br />their.successors and assigns.
<br />Deed nf Trust. The wprds "Deed of Trust" mean this Deed of T�rust among Trustor, Lender, and Trustee, and includes withoUt
<br />limitation ell assignment end security interest provisions relating to the Personal Property snd Rents.
<br />Default. The word "Default" means the Default set forth in this peed of Trust in tha sectinn titled "Default".
<br />Environmental Laws. The words "Environmentel Laws" mean any and all state, federal and local stetutes, regulations and ordinances
<br />releting to #he protec#inn of human health or the environment, including without limitetian the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"►, the Superfu'ri�l
<br />Amendments and Reauthorization Act of 1986, f'ub. L. No. 99-499 ("SARA"►, ths Hazsrdous Materials Transportation Act, 49 U.S:C.
<br />Section 1801, et seq., the Resource Conservatian and Recnvery Act, 42 U.S.C. Section 6901, et seq., or other applicable state b�
<br />fetierel laws, rules, or regul�tions edopted pursuant thereto.
<br />Event of Default. l"he wvrds "Event of Defeult" mean any of the events of default set forth in this beed of Trust in the events of
<br />default section of this Deed of Trust.
<br />Existing Inde6tednesa. Tha wards "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
<br />Guarantar. The word "Guarantor" means any guarantor, surety, or sccpmmodation party of any or all of the Indebtedness.
<br />Gusranty. The word "Gueranty" means the guaranty from Guarantor to Lender, including withput limitation a guaranty of all or part of
<br />the Note.
<br />Hazerdous Suhatances. The words "Hazardous Substances" mean ma#eriels thet, because of their quantity, concentration ar
<br />physical, chemical or infectious characteristics, mey ceuse or pose a present or potential hazard to human health pr the environment
<br />when improperly used, treated, stnred, disposed of, generated, manufactured, transported or otherwise handled. The words
<br />"Hazerdous Substances" are used in their very broadest sense and include without I(mitation any and all hazardous or toxic
<br />substances, materials or waste as defined by or listed under the Environmantal Laws. The term "Hazardous Substances" also
<br />includes, without limitation, petroleum and petroleum by-products nr eny fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mabile homes affixed on
<br />the Real Property, facilities, additions, raplacements and other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs end expenses payable under the Note
<br />or Rsletsd Documents, together with all renewals of, extensions of, modifications pf, conaolidatinns 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 obligetions under this Deed of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust.
<br />Lender. The word "Lender" means Platte Velley Stete 8ank & Trust Company, its successors and assigns.
<br />Note. The word "Note" means the prpmissory note dated November 5, 2010, In th@ orig�nal prirlCip81 S11'IpU11t Of
<br />S 199 ,�J�Q.QO from Borrower to Lender, together with all renewals ot, extensions of, mqdifipa#ions of, refinancings of,
<br />consolidations of, and substitutions for the promissory note or agreement. NOTICE TO TRUSTOR: THE NOTE CONTAINS A
<br />VARIABLE INTERESl' RAT�.
<br />Personal Property. The words "Personal Property" meen all equipment, fixtures, and other articles of personal property now or
<br />hereafter owned by Trustor, and now pr hersafter attached or affixed to the Real Property; together with all accessions, parts, and
<br />additions to, all replecements of, and all substitutions for, any of such property; end tngethsr with all proceeds (including without
<br />limitation all insurance praceeds and refunds of premiums) From any sels ar other disposition of the Property.
<br />Property. 7he word "Property" means collectively the Real Prpperty and the Personal Property.
<br />Real Property. The words "Real Property" mean the real property, interests end �ights, as further descri6ed in this Deed of 7rust.
<br />Related Documents. The words "Related bocuments" mean all prvmissory nptes, credit agreements, loan agreements, enviranmental
<br />agreements, guaranties, security agreements, mortgages, daeds af trust, security deeds, collateral mortgages, and all other
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