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<br />' DEED OF TRUST
<br />Loan No: 101241889 (Continued)
<br />Page 8
<br />right atherwise to demand strict compiience with that provision or any other provision of this Deed of Trust. No prior waiver by
<br />Lender, nor eny course of dealing between Lender and Trustor, shall constitute a weiver of eny of Lender's rights or of any of
<br />Trustor's obligations as to any future transactions. 1Nhenever the consent of Lender is required under fihis Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is
<br />required and in all cases such consent mey be granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction tinds any provision of this Deed ot Trust to be illegal, invalid, or unenforceable as to
<br />any circumstance, that tinding shall not make the offending provision ilfegai, invalid, or unenforceable as to any other circumstance. If
<br />feasible, the offending provision shall be considered modified so that ifi becomes legal, valid and antorceable. If the offending
<br />provision cannot be so modified, it shall be considered deleted trom this Deed ot Trust. Unless otherwise required by law, the
<br />illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of
<br />any other provision ot this Deed of Trust.
<br />Successors end Assigns. Subject to any limitations stated in this Deed of Trust on trensfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon and inu�e 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 deai with Trustor's successors with raference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor fram the obligations of this beed 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 Exemption. Trustor hereby releasas and waives all rights and 6enefits of the fiomestesd exemption faws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The foltowing capitalized words and terms shail have the fo(lowing meanings when used in this Deed of Trust. Unless
<br />specifically stated to the contrary, all raferences 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 pfurel, and the plurat shall include the singular, as the context mey require. Words
<br />-- and terms not otherwise defined in this Deed of Trust shali 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 />Borrower. The word "Borrower" means AUTO ONE, tNC.; and GARY R. JACQBSEN and includas all co-signers and co-mekers signing
<br />the Note and all their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust emong Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment end security interast provisions relating to the Personal Property and Rents.
<br />Defautt. The word "Defautt" means the Default set farth in this Deed ot 7rust in the section titled "Detault".
<br />Environmental Laws. The words "Environmental Laws" mean eny and all state, federel and local statutes, regulations and ordinances
<br />retating to the protection of humen heatth or the environment, including without timitation 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. lUo. 99-499 ("SARA"), the Hazardous Materiais Transportation Act, 49 U.S.C.
<br />Section 7807, et seq., the Resource Conservation and Recovery Act, 42 U,S.C. Sectiort 8901, et seq., or other applicabie state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Defautt. 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 />Guararrty. The word "Guaranry" means the guaranty from guarantor, endorser, surety, or accommodetion party to Lender, including
<br />without (imitation a 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 />physical, chemicai or intectious cheracteristics, may ceuse or pose a present or poterrtiel hazard to human health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, iransported or otherwise handled. The words
<br />"Hazerdous Substances" are used in their very broadest sense and include without limitation any end aii hazardous or toxic
<br />substances, materials or waste as defined by or listed under the EnvironmentaJ Laws. The term "Hazerdous Substances" also
<br />inciudes, without limitetion, petroleum and petroleum by-products or eny fraction thereof and esbestos.
<br />Improvemants. The word "Improvements" means all exlsting and future improvements, buildings, structures, mobile homes effixed on
<br />the Real Property, facilities, additions, replacements and other construction on tha Real Proparty.
<br />Indebtedness. The word "Indebtedness" means all principai, interest, and other amounts, costs and expenses peyable under the Note
<br />or Related Documents, together with all renewals of, extensions of, modi�cations of, consolidations of and substitutions for the Note
<br />or Related Documents end any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligations under this Deed ot Trust, together with interest on such amounYs as provided in this
<br />Deed of Trust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision
<br />of this Deed of Trust, together with all interest thereon.
<br />Lender. The word "Lender" means Five Points 8ank, it§ successors and assigns.
<br />Note. The word "Note" means the promissory note dated June 6, 201 i in the origin�l principal amount of �40Q ,000.00
<br />� from Borrower to Lender, together vuith all renewals of, extensions of, modifications of, refinancings of, consolidetions of, and
<br />substitutions for the promissory note or agreement. The maturity date of this Deed ot Trust is November 30, 2011.
<br />Personal Propsrty. The words "Personal Property" mean a1I equipment, fixtures, and other articles of personal property now or
<br />i�ereafter owned by Trustor, and now or hereafter attached or effixed to the Reel Properry; together with all accessions, parts, and
<br />additions to, all reptacements of, and all substitutiDns for, any of such property; and together with alt proceeds (including witfiout
<br />fimitation ali insurance proceeds and rafunds of premiums) from any sale o� other disposition of the Property. .
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