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Loan No: 9 01237335
<br />DEED OF TRUST 2 p 1 p 0 9 6 9 2
<br />(Continued) Page 8
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of HALL
<br />County, State of Nebraske.
<br />Joint and Several (.iability. All obligatipns pf Borrower and Trustor under this Deed of Trust shall be joint and several, and all
<br />raferences ta Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and avery Borrower. This
<br />_ . p . g . Y
<br />means fhaf each Trustor si rnn below is res onsi6le for all obli ations in this Deed of rust. ere an one o'ri5 o t e parties is
<br />a corporetion, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any ot
<br />the officers, directors, partners, members, or other agents acting or purporting tn ect on the entity's behalf, and any obligations made
<br />or created in reliance upon the professed 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 weiver is given in
<br />writing and signad by Lender. 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 Lender of a provision of this Deed af Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict compliance with that provision or any other prnvision of this Deed of Trust. No prior waiver by
<br />Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of
<br />7rustor's obligations as to any future transactions. Whenever the consent of Lender is required under this peed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequen[ instances where such consent is
<br />required and in all cases such consant may be granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this beed of Trust to be illegal, invalid, or unentorceable as to
<br />any person or circumstance, that finding shall not make the offending pravisian illegal, invalid, or unenforceable as to any other person
<br />or circumstance, If feasibie, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If
<br />the offending provision cannot be so modified, it shall be considered deleted from this Deed of 7rust. Unless otherwise required by
<br />law, the illegality, invalidity, vr unenforceability of any provision of this Deed of Trust shall not affect tha legality, validity or
<br />enforceability of any other prnvision of this Deed of Trust.
<br />Successors and Assigns. Subject to eny limitations stated in this Deed of Trust on transfer of Trustor's interest, this �eed 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 />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 and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br />Trust or liability under the Inde6tedness.
<br />Time is of the Essence. 7ime is of the essence in the performance of this �eed of Trus[.
<br />Waiver of Homestead Exemption. trustor hereby releases and waives all rights end 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 words 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 amounts shall mean amounts in lawful money 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 requirs. 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 "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Bvrrpwer. The word "6orrower" means STARO5TKA GR�UP UNLIMIT�D INC and includes all co-signers and co-makers signing the
<br />Note and all their successors and assigns.
<br />Deed of Trust. The words "Deed af Trust" mean this Deed of Trust among Trustar, Lender, end Trustee, and includes without
<br />limitation alt assignment and security interest provisions relating to the I'arsonal Property and Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "befault".
<br />Environmental Laws. 7he words "Environmental Laws" mean any and all state, federal and local statutas, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitstion 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 Transportation Act, 49 U.S.C.
<br />Section 1$p1, et saq., the Fiesource Conservation and Recovery Act, 42 U.S.C. Section 8901, at seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Euent of Default. The words "Event ot Default" mean any of the events of default set forth in this Daed vf Trust in the events of
<br />default section af this C7eed vf Trust. .
<br />Guaranty. l'he word "Guaranty" means the guaranty from guarantor, endorser, surety, or accvmmadatian party to Lender, including
<br />without limitation a guaranty of sll or part of the Note.
<br />Hazardous Substances. The words "'Wazardous Substances" mean materials that, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause nr pose a present or potential hazard to human health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transpor#ed or otherwise handled. The words
<br />"Hazardous Substances" are used in their very broadest sense and include without limi#ation any end all hazardous or toxic
<br />su6stances, materials or waste as defined by or listad under the Environmental Laws. The term "Hazardous Substances" also
<br />includes, without limitation, petroleum and petroleum 6y-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mo�ile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable undar the Note
<br />or Related Documents, together with all renewals of, extensions of, mndifications of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligstions ar 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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