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Y � e ��, �� F , �, �: DE�D OF TRUST t�� 1�,� g'S� �
<br />(Cantinued) P��a s
<br />writing and signed by Lender. No delay or amission an 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 of Trus[ shall not prejudice or consti[ute a waiver of Lender's
<br />right otherwise to demand strict compliance with that provision or any other provision of this Dead of Trust. No prior waivar 6y
<br />Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver nf any of Lender's rights or of any of
<br />Trustor's obligations as to any future transactions. Whenever the cansent of Lender is raquirad under this Deed of l"rust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent to sub5equent instances where such consent is
<br />required and in all cases such consent may be granted or withhetd in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Daed of Trust to he illegal, invalid, or unenforcea6le as to
<br />any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If
<br />feasible, the offending provision shall be cansidered modified so that it becnmes legal, valid and enforceable. If the offending
<br />provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />illegality, invalidi[y, or unenforceability of any provision of this Deed of Trust shall not affect the Iegality, 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 on transfer of Trustor's interest, this Deed of 7rust
<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 persan other than Trustor, Lender, withuut notice to Trustor, may deal with Trustor's successors with reference to this
<br />beed of 7rust and the Inde6tedness by way of forbearance or extension without releasing Trustor from the obtigations of this Deed of
<br />"Crust ar 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, procesding, or counterclaim 6rought
<br />by any party against any other party.
<br />Waiver of Homestead Exemption. Trusior hereby relaases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this beed of l"rust.
<br />DEFINITIONS. The following capitalized words and terms shalt have the following meanings when used in this �eed of Trust. Unless
<br />specifically stated [o [he contrary, all references to dollar amounts shall mean amounts in lawful money of the United 5tates 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 "frust shall have the meanings attributed to such Terms in the Uniform Gommercial Code:
<br />Beneficiary. The word "Beneficiary" means Exchange Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means Mid-Country 7rading, LLC and inctudes all co-signers and co-makers signing the Note and all
<br />their successors and assigns.
<br />Deed of Trust. The wards "Deed of Trust" mean this Deed of Trust amang Trustor, Lender, and Trustee, and includes withaut
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rants.
<br />Default. The word "Default" means the Default set forih in ihis Deed of Trus� in the section titled "Default".
<br />Environmental Laws. The words "Environmantel 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 1986, Pub. L. No. 99-499 ("SARA"�, the Hazardous Materials Transpor[ation Act, 49 U.S.C.
<br />Section 1801, et seq., tha Resaurce Conservation and Recovery Act, 42 U.S.C. 5ection 6901, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />�vent of Default. The words "Event of Pefault" maan any of the events of default set forth in this Deed of Trus[ in the events of
<br />default section of this �eed of Trust.
<br />Guarantor. The word "Gusrantor" means any guarantor, surety, or accommodation party of any or all of the Indsbtadnsss.
<br />Guaranty. The word "Guaranty" means the guaranty from Guarentor to Lender, including without limi[a[ion a guaran[y of all or part of
<br />the Note.
<br />Hazardous Suhstances. The words "Hszardous Substances" mean materials that, because of their quantiry, concentration or
<br />physical, chemical or infectious characteristics, mey cause or pose a present or potential hazard to human health ar the environment
<br />when improperly used, treated, stored, disposed of, generated, manufac[ured, [ransported or otherwiss handled. The words
<br />"Wazardous Substances" are used in their very broadest sense and include withput 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, struc#ures, mo6ile homes affixed on
<br />the Real Property, facilities, additions, replacemen[s and other construction on the Real Prnperty.
<br />Indebtedness. The word "Indebtedness" means all principel, interest, and other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewats of, extensions of, modifications af, consnlidations nf 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 7rustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this
<br />Deed of 1"rust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision,
<br />together wi[h all interest thereon and alt amounts that may be indirecily secured by the Cross-Collateralization provision of this Deed
<br />pf Trust.
<br />Landar. 7he word "Lender" means Exchange Bank, its successors and assigns.
<br />Note. The word "Note" means the promissory noie dated Nov�mber 29, 2010, In the original principal amount df
<br />$2,325,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of,
<br />consolidetions of, and substitutions for the promissory note or agreement. NOTICE TO TRUSTOR: THE NOTE CONTAINS A
<br />VARIABLE INTEREST RATE.
<br />Personal Property. The words "Personal Property" mean all equipment, fix[ures, and other articles af parsonal praperty now or
<br />hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; tagBther with all accessions, parts, and
<br />additions to, all replacements of, and all substitutions for, any of such property; and tagether with all proceeds (including without
<br />limitation all insurance proceeds and refunds of premiumsl from any sale or bther 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 7rust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, callateral mprtgages, and all other
<br />instruments, agreements and documents, whether now or hereafter existing, executed in connectian with the Inde6tsdness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royatties, profits, and other benefits derived
<br />from the Property.
<br />Trustee. The word "Trustee" means Exchange 8ank, whose address is P.O. Box 5793, Grsnd Island, NE 68802 and any substitute
<br />or successor trustees.
<br />Trustor. The word "Trustor" means Mid-Country Trading, LLC. �
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