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DEED OF TRUST e Loan No: 127175 (Continued) G o� 10 6 1 v o Page 6 Governing Law. This Deed of Trust will be governed by federa! law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Nebraska wfthout regard to its conflicts of law provisions. 7his Deed of Trust has been accepted by Lender in the State of Nebraska. Joint and Several Liability. All obligations of Trustor under this Deed of Trust shatl be joint and several, and all references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust. No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does so in writing. The fact that Lendar dalays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean Trustor will not have to comply with the other provisions ot this Deed of Trust. Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's consent again if the situation happens again. Trustor further understands thet just because Lender consents to one or more of Trustor`s requests, that does not mean Lender will be required to consent to any ot Trustor's future requests. Trustor waives presentment, demand for payment, protest, and notice of dishonor. Severability. If a court finds that any provision of this Dead of Trust is not valid or shouid not be enforced, that fact by itself will not mean that fihe rest of this Deed of Trust will not be velid or enforced. Therefore, a court wiff enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed ot Trust may be found to be invalid or unenforceable. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of�the Property becomes vested in a parson other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtednass. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Trustor hereby releases end waives all rights and benefits of the homestead exemption laws of the Stata of Nebraska as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: Beneflciary. The word "Beneficiary" means Cornerstone Bank, and its successors and asslgns. Borrower. The word "Borrower" means Jason J Harb and Annette M Harb and includes all co-signers and co-makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions refating to the Personal Property and Rents. Environmental Laws. The words "Environmental Laws° mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 9986, Pub. L. No. 99-499 t"SARA°1, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. �vent of Default. 7he words "Event of Default" mean eny of the events of defeult set forth in this Oeed of Trust in the events of default section of this Deed of Trust. Guaranty. The word "Guaranty" means the guaran#y from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, cancentration or physical, chemical or infectious charecteristics, mey cause or pose a present or potential hazard to humen health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or wasta as defined by or listed under the Envirortmental Laws. The term "Hazardous Substances° also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixad on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, moditications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's o6ligations or expenses incurred by Trustee or Lender to enforce Trustor's obligetions under tfiis Deed of Trust, together with intarest on such amounts as provided in this Deed of Trust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advences provision of this Deed of Trust, together with all interest thereon. Lender. The word "Lender" means Cornarstone Bank, its successors and assigns. The words "successors or assigns" mean eny person or company that acquires any interest in the Alote. Note. rhe word ^Note° means the promissory note dated May 23 2oi �, in the original principal amount of $90,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, end substitutions for the promissory nota or agreement. The maturity dete of this Deed of Trust is May 27, 2012. Personal Property. The words "Personal Property" mean all equipment, fixtures, end other articles of personal property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with ali proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means col(ectively the Real Property and the Personel Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreaments, guarenties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hareafter existing, executed in connection with the Indebtedness, Rents. Tha word °Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived ftom the Property. Trustee. The word "Trustee" means COANERSTONE BANK, whose address is 529 LINCOLN AVENUE, YORK, NE 68467 and any substitute or successor trustees. Trustor. The word "Trustor" means Jason J Harb and Annette M Harb. ''` �