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Loan Na: 101237338
<br />DEED OF TRUST 2 p 10 Q 9 6 9 4
<br />(Cantinued) Page $
<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 Nebraska.
<br />Joint and Severai Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall mean each and every 7rustor, and all references to Borrower shall mean each and every Borrower. 7his
<br />means that each Trustor signing below is rasponsilile for afl obligations in this Deed of Trust. Where any one dr morB qf the parties is
<br />a corporation, partnership, limited liability company or similar entity, it is not necessary 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 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 7rust unless such waiver is given in
<br />writing and signed 6y 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 of Trust shall not prejudice or constitute a waiver of Lender's
<br />right ntherwise to demand strict compliance with that provision or any other provisian of this �eed 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 />Trustor's obligations as to any future transactions. Whenever the consent of Lender is required undar this Deed of Trust, the granting
<br />of such cansent by Lender in any instance shall not constitute continuing cansent to subsequent instences where such consent is
<br />required and in all cases such consent may be granted or withhald in the sole discretion of Lender.
<br />Severability. If a court af competent jurisdiction finds any provision of this Peed of Trust to be illegal, invalid, or unenforceable as to
<br />any person pr 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 enforceable. If
<br />the offending provision cannot be so modified, it shall be considered delsted from this Deed of Trust. Unless otherwise required by
<br />law, the illegality, invalidity, or unenforceability of any provision af this Deed of Trust shall not affect the legality, validity or
<br />enforceability of any other provision of this peed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this beed of Trust on transfer of Trustor's interest, this Deed of Trust
<br />shell 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 ta this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations af this Deed of
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the parformance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />pEFINITIQNS. 7he 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 rBferences to dollar amounts shall mean amounts in lawful money af the United States of America.
<br />Words and tarms used in the singular shell 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 #erms in the Uniform Commercial Code:
<br />Beneficiary. 7he word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Bnrrower. The word "Borrower" means S7AR�57KA GROUP UNLIMITED 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 "beed of 7rust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes withnut
<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 section titled "Default".
<br />Enviranmental Laws. The words "Environmental Laws" mean any and all state, fedaral and local statutes, regulations and ordinances
<br />releting to the protection of human health or the snvironment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 5ection 9601, et seq. ("CERC�A"�, 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 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et saq., or other applica6le state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Evant of Default. The words "Event of Default" mean any of the events of dafault set forth in this Deed of Trust in the events of
<br />def8ult section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, nr accommodation party to Lender, including
<br />without limitation a guaranty of all or part of the Note.
<br />Hazardous Suhstances. The words "Hazardous Substances" mean materials that, because af their quantity, concentration or
<br />� physical, chemical ar infectious characteristics, may cause or pose a present or potential hazard to human health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words
<br />"Hazardous 5ubstances" are used in their very broadest sense and include without limitation any and all hazardous ar toxic
<br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also
<br />includes, withaut limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. 7he wvrd "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 principal, interest, and other amounts, costs and expansas payable under the Note
<br />or Related Documants, tvgether with all renewals of, extensions of, modifications of, consolidations pf and substitutions for the Note
<br />ar Related Documents and any amounts expended or advanced by Lender to discharge Trustor's o6ligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligations under this Deed vf Trust, together with interest on such amounts as provided in this
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