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Loan No: 901237329
<br />DLED OF TRUST 2 p 10 0 9 6 9 4 pag� g
<br />(Continued)
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's raquest to su6mit to the jurisdiction of the courts of HALL
<br />County, Stete of Ne6raska.
<br />Joint and Several Liability. All obligations vf gorrpwer and Trustor under this Deed of Trust shall be joint and several, and all
<br />references tv Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This
<br />means thaf each Trustor signing 6elow is responsitile tor all obligafions in tliis Deed of Trust. Where any orie dr more of the part es is
<br />a corporation, partnership, limited liability company or similar entity, it is not nacessary for Lender to inquire into the powers of 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 />or created in reliance upon the prafessed exercise of such powers shall be guaranteed under this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission nn the part of Lender in exercising any right shall operate as a waiver of such
<br />right nr any vther right. A waiver 6y Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwise tn demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by
<br />Lender, nor any course of dealing between Lander and Trustor, shall constitute a waiver of any of Lender's rights or of any of
<br />Trustor's obligations as to any future transactions. 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 cpnsent is
<br />required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />5everability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />any person or circumstance, that finding shall not make the offending provision 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 enfarceable. If
<br />the offending provision cannvt be so modified, it shell be considered deleted from this Deed of Trust. Unless otherwise required by
<br />law, the illegality, invalidity, or unentorceability nf any provision of this Deed of Trust shall not affect the lagality, vslidity or
<br />entorceability ot 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 Daed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Prpperty becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with 7rustor's successors with reterence to this
<br />Peed of Trust and the Indebtedness by way of forbaerance or extension without releasing Trustor from the obligations of this Peed of
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the perfarmance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption lews of the
<br />State pf Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall heve the following meanings when used in this Deed of Trust. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United 8tates 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 Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficisry" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means S7ARQSTKA GROUP UNLIMITED INC end includes all co-signers and co-makers signing the
<br />Note and all their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes withou�
<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 Deed of Trust in the sectivn titled "Default".
<br />Environmental Laws. The wnrds "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 Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amendsd, 42 U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund
<br />Amendments and Reauthorization Act of 19$6, Pub. L. No. 99-499 ("SARA"►, the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservetion and Recovery Act, 42 U.S.G Section 6901, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Dafault. The wards "Event of ❑efault" mean any of the events of default set forth in this beed of Trust in the events of
<br />default section nf this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />withnut limitation a guarenty of all or part of the Note.
<br />Hazardous Substances. The words "Hszardous Substances" mean materials that, because of their quantity, concentration or
<br />physical, chemical or infectivus characteristics, may cause or pose a present or potential hazard to human health or the anvironment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, Transported or otherwise handled. The words
<br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and ell hazardous or toxic
<br />substances, materials or waste as dzFined by or listed under the Environmental Laws. The term "Ha�ardous 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, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indehtedness. The word "Indebtedness" means all principel, interest, and other amounts, costs and expenses payable under the Note
<br />ar Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions fvr the Note
<br />ar 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 o6ligations under this Deed of Trust, together with interest on such amounts as provided in this
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