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<br />DEED OF TRUST � O � � � � � w� �
<br />(Continued)
<br />Page 8
<br />Loan No: 101236207
<br />connection with the operation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the
<br />Property at any time held by or for the benefit of Lender in any capacity, without the written cansent af Lender.
<br />Gov�rning Law. This beed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal
<br />law, the laws of the State bf Nebreake withaut regerd to its canflicts of law provisiqns. this baed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction nf the courts of Hell Cnunty,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all
<br />referencas ta Trustor shall mean each and every Trustor, snd all references to Borrower shall mean each and every Borrower. This
<br />means that each Trustor signing belpw is rssponsible for all o�ligations in this beed of Trust.
<br />No Waiver by Lender. Lendar shall not be deemed to have waived any rights under this Deed of 7rust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the pert of Lender in exercising eny tiphk ahell pp�rate as a waiver of such
<br />right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a weiver of Lender's
<br />right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by
<br />Lander, npr sny caurse of deeling betwsen Lender and Trustnr, shall cqnstitute a weivar of any of Lender's rights or of any of
<br />Trustor's obligatinns es tn any future trensactinns. Whenever the consent ot 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 prouision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />sny person or circumstance, that finding shsll nnt make tha offending provision illegal, invalid, or unenforceable as to any other person
<br />or circumstance. If feasi6le, the offending provision shall be nonsidered mpdified sn #hat it 6ecnmes Iggel, valid snd enforceable. If
<br />the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required 6y
<br />law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or
<br />enfprceebility Of 8ny other prOvisiqn Of this D88d Of Trust.
<br />Successera and Aasigns. Subj9Ct ka eny limitations stated in thia Deed of 7rust on transfer of Trustor's interest, this Desd Df Trust
<br />shall be binding upnn and inure to the 6enefit 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 Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust snd the Indebtedness by way nf forbearance ar extensinn without releesing 'Cruatar frpm the abligations af this De9d nf
<br />Trust or liability under the Indebtedness.
<br />Tlme is of tha Easence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver nf Hbm98tead Exemptiqn. Trustor hergby relsases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska es to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized wards and terms shall have the following meanings when used in this beed of 7rust. Unless
<br />specifically stated to the contrary, all references to dnllar amounts shall mean amnunts in lawful mnney 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 />end terms not otherwise defined in this beed of 7rust shsll have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Ben9fiCi�ry. The word "geneficiary" means Five Points 88nk, and its successors and assigns,
<br />Borrower. The word "Borrower" means L�SLIE'S �N1'ERF'RIS�S LLC and JOMN M CUNNINGHAM and includes all co-signers and
<br />co-mekers signing the Note and ell their succassnrs end �ssigns.
<br />Deed of Trust. The wnrds "Deed nf Trust" mean this Deed of Trust emong 7rustor, Lender, snd 7rus#ee, and include� 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 �eed 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 ordinences
<br />releting tn the protection of human health ar tha environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liebility Act of 1980, as amanded, 42 U.S.C. Saction 9601, et seq. ("CERCLA"►, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"1, the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recavery Act, 42 U,S.C. Section 6901, et seq., or other applicable state ar
<br />federal laws, rules, or regulations adnpted pursusnt thereto.
<br />Event of Default. The wards "Event nf Defsult" mesn any of the svents af 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 nf 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 nr part nf the Nnte.
<br />Wazardous Substences. The words "Hazardous Substaness" mean msterials that, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause or pose a present or potentigl hazard to humsn health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words
<br />"Wazardous Substances" are used in thair very broadest sense and include without limitation any and all hazardous or toxic
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