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Loan No: 101235829
<br />DEED OF TRUST � Q i� 9 � i i
<br />(Continued) Page 8
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Desd 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 consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law appliceble to Lender and, to the extent nat preempted by federal
<br />law, the laws af the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in #he S#ate of Nebraska.
<br />Choice ef Venue. If there is a lawsuit, 7rustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Ne6raska.
<br />Joint and Several Liebility. All obligations of Borrower and Trustor under this Deed of Trust shall ba join# and several, and all
<br />references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean esch and every Borrnwer. This
<br />means #hat each 7rustor signing below is responsible fpr all qbligatipns in this Deed of Trust. Where any one or more of the parties is
<br />a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into tha powers qf any of
<br />the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made
<br />pr created in reliance upon #h� profassed exarcise of such powers shall be guaranteed under this Deed of 7rust.
<br />- iVo Weivert�qternler. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
<br />_. _. _
<br />writing and signed by Lender. No delay or omission on fhe par3 of Lerrcicr In azerciging e�y_ri.pht shsll nperete ss 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 waiver of Lender's
<br />right atherwise to demand strict camplience with that provisinn nr any other provision of this Deed of 7rust. No prior waiver by
<br />Lendar, nor any caurse of dealing batween Lendar and Trustor, shal) constitute a waiver of any of Lender's rights ar of any of
<br />Trustor's obligations es to any future transections. Whenever the consent of 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 provision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />any circumstsnca, that finding shall not make tha offending provision illegal, invalid, or unenforceable as to any ather circumstance. If
<br />feasi6le, the offending provision shall be considered modified so that it k�ecnmes legal, valid and enforpeeble. If #he nffending
<br />provision cannot 6e so modified, it shall be considered deleted from this Deed of Trust. Unless ntherwise required by law, the
<br />illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of
<br />any other provision of this peed of 1"rust.
<br />5uccessors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer 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 />vestad in a person other than Trustor, Lender, withau# nptica to Trustor, may deal with 1"rustor's successors with reference ta this
<br />�eed nf Trust and #he Indebtedness by way of forbeerance or extension withpu# rel�esing Trustnr from the obligations of #his Deed of
<br />Trust or Iiabiiity under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this �eed of Trust.
<br />Waiver of Homestead Exemptian. Trustor hereby releases and waives all rights end benefits of the hamestead exemptinn laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />D�FIMItIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless
<br />specifically sta#ed to the contrary, all refergncas to dallar amounts shall mean amounts in lawful maney of the lJnited States af Amarica.
<br />Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context mey require. Words
<br />and terms not otherwise defined in this Deed af Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />8eneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means WEDG�WOOD, INC.; JANIC� THAYER; and ERNEST J THAYER and includes all co-signers
<br />end ca-mskers signing tha Note and all thair succassprs and assigna.
<br />Deed of Trust. The words "Deed of Trust" mean this need of Trust emong Trustpr, Land�r, and 7rustee, and inclutles without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />befault. �Che word "Default" means the Default set forth in this peed 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 ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensiue Environmental
<br />Resppnse, Compenxatian, and Liability Act of 1980, es emended, 42 11.S.C. Section 96p1, a# seq. ("CERCLA"►, the Superfund
<br />Amendments and Reauthnrization Act of 1986, Pu6. L. No. 99-499 ("SARA"►, the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 9 801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of befault. The words "�vent of Default" mean any of the events of default set forth in this Deed of Trust in the events of
<br />default section of this Deed af Trust.
<br />Existing Indebtedness. The words "Exis#ing Indebtedness" mean the indeb#edness described in tha Existing Liens provision of this
<br />Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />withput limitation a guaranty of all or part pf the Npte.
<br />Hezardous Substances. 7he wqrds "Hazardpus Su6stances" mean materials that, because af their qusntity, concentration or
<br />physical, chemical or infectinus characteristics, may ceuse nr pose a present or poten#ial hezard to humen health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. 7he words
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