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l.oan No: 1012373a4 ,
<br />DEED OF TRUST �
<br />(Continuedl � Q i�j 0 9�$(•l Pa�e s
<br />the officers, directars, partners, members, or other agents acting or purporting to act nn the entity's behalf, and any obligations made
<br />or created in reliance upon the professed exercise of such powers shall be guarsnteed under this qeed of Trust.
<br />No Waiver by Lender. Lender shall nat be deemed ta have waived any rights under this Deed of 'Trust unless such waiver is given in
<br />writing and signed by �ender. 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 Lander of a provision nf this Deed of trust shall npt prejudice or constitute a waiver of Lender's
<br />right ntherwise to demand strict compliance with that provision or any other pravision of this Deed of Trust. No prior waiver 6y
<br />Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights ar of any of
<br />Trustor's obligations es to any future transactions. Whenever the consent of Lender is required under this peed af Trust, the granting
<br />of such cnnsent 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 campetent jurisdiction finds any provisian of this pesd of Trust to be illegel, invalid, or unenforceable as to
<br />any person or circumstance, that finding shall not make the offending provisipn illegal, invalid, or unenforceable as to any other person
<br />or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If
<br />the offending provision cannpt be so modified, it shall be considered de�eted from this Deed af Trust. Unless otherwise required by
<br />law, the illegality, invslidity, or unenforcea6ility of any provisipn of this Deed of Trust shall not affect the legality, validity or
<br />enforceability af any nther provision af this Deed of Trust.
<br />Successors and Aasigns. Subject to any limitations stated in thia Deed of Trust on transfer of Trustor's interast, this Deed of 1'rust
<br />shall be 6inding upon and inure tn the benefit of the parties, their successars end assigns. If nwnarship of the Property becnmes
<br />vssted in a person othar than Trustor, L.ender, without notice to Trustor, may deal with Trustor's successors with refarence to this
<br />Deed af Trust and the Indebtedness by wsy of forbearance or extension without releasing Trustor from the abligations of this Deed of
<br />7rust or liability under the Indebtedness.
<br />Time is of the �ssence. 7ime is pf the essence in the performance of this Deed of Trust.
<br />Waiver of Homestaad Exemption. Trustor hereby releases and waives all rights snd benefits 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 wards 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 emounts shall mean amounts in lawful money nf 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 tarms not otherwise definad in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Benaficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means TRI-CITIES GROUP INC, THOMAS URBAN and GENE A SCHACWER and includes all
<br />co-signers and cn-makers signing the Nnte and all their successars and assigns.
<br />Deed of Trust. 7he words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Defauk. The ward "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
<br />Environmenta� Laws. The words "Environmental Lews" mean any and all state, federal and local statutes, regulations and nrdinances
<br />relating to the prptaction of human health or the enviranment, including without limitetion the Comprehensive Environmental
<br />Response, Cpmpensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 96p1, et seq. ("CERCLA°�, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pwb. L. No. 99-499 ("SARA"), the Hazardous Materials Trsnsportation Act, 49 U.S.C.
<br />5ection 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable stete or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Defauit. The words "Event of Default" mean any of the events of default set fprth in this Deed of Trust in the events of
<br />default sectian of this Dead of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing l.iens provision of this
<br />Deed of Trust.
<br />Guaranty. The wprd "Guaranty" means ths guaranty from guarantnr, endorser, surety, or accommodstion party to Lender, including
<br />without limitation a guaranty of ell or part of the Note.
<br />Hazardous Substances. 7he words "Hazardous Substances" mean materials that, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, msy cause or pose a present or potential hazard to human health or the environment
<br />when improperly used, treated, stored, disposed of, generated, menufactured, transported or otherwise handled. The words
<br />"Hazardous Substances" are used in their very broadest sense and include withaut limitatinn any and all hazardous or toxic
<br />substances, materials or waste as defined by or listed under the Environmental Lews. The term "Hazardous Substances" also
<br />includes, without limitation, petrolaum and petroleum by-products or any fractian thereof and asbestos.
<br />Improvements. 7he word "Imprpvements" means all existing end future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other canstructian on the Real Property.
<br />Indebtedness. The word "Indsbtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note
<br />or f7elated Dpcwments, together with all renewals nf, extensions ot, modifications of, consolidetions af and substitutions for the Npte
<br />pr Related Documents and any amounts expendad or advanced by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's pbligations under this Deed of Trust, together with interest on such amaunts as provided in this
<br />peed of Trust.
<br />1.ender. The word "Lender" means Five Points Bank, its sucneasors and assigns.
<br />Note. 7he word "Note" means the promissory note dated December 17, 2010, 111 the ariginal principal amount Of
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