r
<br />Loan No: 9 0123732fi
<br />DEED OF TRUST
<br />(Continued) 2 010 0 9 6 9 t� Page 8
<br />Choice of Vanue. If there is a lawsuit, Trustor agrees upon Lender's request to su6mit to the jurisdiction of the courts of HALL
<br />County, State nf Nebraska.
<br />Joint and Several Liability. All obligations of Borrower and Trustnr under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This
<br />means that each Trustor signing below is responsible for ail obligafions in this Deed of Trust. Where arfy one or i"nore of the �iartie5 is
<br />a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any bf
<br />the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any o6ligations made
<br />or created in reliance upon the professed exercise of such powers shall be guaranteed under this Deed of Trust.
<br />Nn Waiver by Lsnder. 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 on the part of Lender in exercising any right shall operate as s waiver of such
<br />right or any other right. A waiver by Lender of a provision of this beed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict compliance with that provision or any other provision of this Dead af Trust. No prior waiver by
<br />Lender, nor any course of dealing be#waen 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 Deed of Trust, the granting
<br />of such cansent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is
<br />required and in all cases such cnnsent may be granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of competant 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 />nr circumstance. If teasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceabla. If
<br />the offending provision cannot be so modified, it shall be considered deleted from this Deed of l"rust. Unisss otherwise required by
<br />law, the illegality, invalidity, or unenforceability of any prvvision of this Deed of Trust shall not effect the legality, validity or
<br />enforceability af any other provision af this Deed pf Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed af Trust on transfsr af Trustar'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 />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 for6earance or extension without releasing Trustnr from the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of 7rust.
<br />Waiver of Homestead Examptivn. Trustar here6y 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 />DEFINITIONS. 7he following capitalized words and terms shall have the following meanings when used in this �eed of Trust. Unless
<br />specifically stated to the con#rary, 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 require. Words
<br />and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Cnmmercial Code:
<br />8eneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means STAROSTKA HpMES, INC. and includes all co-signers and co-makers signing the Note and all
<br />their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Desd af Trust emong Trustar, Lender, and Trustee, and includes without
<br />limitation all assignment and security intarest 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 sectian titled "Default".
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutas, regulations end ordinences
<br />relating to the protection of human health or the environment, including without limitetion the Camprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"1, 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 seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />�vent of �efault. The words "Event 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 of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to l.ender, including
<br />without limitatinn a guaranty of all or part of the Note.
<br />Hazardous Su�stances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environmant
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transportad or otharwise handled. Tha words
<br />"Hazardous Substances" are used in their very broadest sanse and include without limitatinn any and all haaardous or toxic
<br />substances, materials or waste as defined by or listed 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 />Imprnvements. The wvrd "Imprnvements" means all existing and future improvements, buildings, structures, mobile homes affixed an
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. 7he word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note
<br />or Related ❑ocuments and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred 6y
<br />Trustee or Lender to enforce Trustor's obligations under this Deed of 7rust, togather with interest an such amounts as provided in this
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