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`� ' �' ' � DEED OF TRUST
<br />Loan No: 101241 b (Continued) 2 0110 3 6 9 2 P e9e g
<br />or created in reliance upon the professed exercise of such powers shall be guarenteed under this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed ot Trust unlesa 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 operete as a waiver of such
<br />right or any other right. A weiver by Lender of a provision of this Deed of Trust shail not prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict compliance with that provision or eny other provision of this Deed of Trust. No prior weiver by
<br />Lender, nor eny course of dealing between Lender and Trustor, shall constitute e weiver of any of Lender's rlghts 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 instence shall not constitute continuing consent to subsequent instences 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 competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />eny circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to eny other circumstance. If
<br />feasible, the offending provision shall be considered modified so that it becomes legal, velid and enforceable. If the offending
<br />provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />illegality, invalidity, or unenforceability of eny provision of this Deed of Trust shell not affect the legality, validity or enforceability of
<br />any other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitationa stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their su�cessors end assigns. If ownership of the Property becomes
<br />vested in e person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's sucoassors wifh reterence to this
<br />Deed of Trust and the Indebtedness by way of forbearence or extension without releasing Trustor from the obligations of thfs 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 Trust.
<br />Waiver of Homestead Ezemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska es to ell Indebtedness secured by this Deed of Trust.
<br />DEFINITIOIVS. The following cepitalized words and terms shall have the following meanings when used (n this Deed of Trust. Unless
<br />specifically stated to the contrary, all references to doller 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, end the plural shall fnclude the singular, as the context may require. Words
<br />end terms not otherwise defined in this Deed of Trust shall have the meenings attributed to such terms in the Uniform Commercial Code:
<br />Beneflciary. The word "Beneficiary" means Five Points Bank, and its successors and assigns,
<br />Borrower. The word "Borrower" means DT HOMES LLC, DENNIS A LILIENTHAL and TRENTON A LILIENTHAL end includes all
<br />co-signers end co-makers signing the Note and all thefr successors end assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Dead of Trust among Trustor, Lender, and Trustee, and includes without
<br />limitetion all assignment and security interest provisions relating to the Personal Property end Rents.
<br />Default. The word "Default" means the Detault set forth in this Deed of Trust in the section titled "Default".
<br />Environmental Laws. The words "Environmentel Laws" mean any and all stata, federel 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 7980, 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"), the Hazardous Meterials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6907, et seq., or other applicable stete or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Defauk. 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 />F�cisting Indebtedness. The words "Existing Indebtedness" mean the indebtedness descrlbed in the Existing Liens provision of this
<br />Deed of Trust. -
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation perty to Lender, including
<br />without Ifmitation e guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quentity, concentration or
<br />physicel, chemical or infectious characteristics, may cause or pose a present or potential hazard to humen health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words
<br />"Hazardous Substances" are used (n their very broadest sense and include without limitation any end all hazardous or toxic
<br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazerdous Substances" also
<br />includes, without limitation, petroleum end petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" meens 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 />Indebtedness. The 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 Releted Documents and any amounts expended or advanced by Lender to discharge Trustor's obligetions or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such emounts as provided in this
<br />Deed of Trust.
<br />Lender. The word "Lender" means Five Points Bank, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated May 12, 2011 in the original principal amount of 563 ,980.13
<br />from Borrower to Lender, together with ell renewals of, extensions of, modifications of, refinancings of, consolidations of, end
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