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<br />DEED C?� TRUST
<br />Loart Na: 9009 {COrttirtUed) Page 9
<br />Merger. There shall be no merger of the interest or estate created by thts Deed of 7rust with any other interest ar
<br />estate in the Property at any time held by or for the benefit o# Lender in any capac(ty, without the written consent
<br />of Lender.
<br />Ooverning I.aw. With respect to procedural matters related to the perfection and enforcemer�t o# Lender's rights
<br />against the Property, this Deed af 7rust wi�I be gove�n�d by federaf law appticable to Lender and to the extept not
<br />praempted by federal Iaw, the laws of the State of Nebraska. !n alt other respeats, this Deed of Trust will be
<br />governed by federal law epplicable to Lender and, to the exteni not preempted by federel law, the laws af the
<br />State ot Oklahoma without regard to its conflicts of iew prav3sPons. However, if thera ever is a question about
<br />wheEher any p�avision af this Deed af Trust is valid oi a�forceable, the provlaion that is questtoned wiEl be
<br />governed by whichever state or federal taw would find the provision to be valid and enforcea6le. 7he Ioan
<br />transaction that is evidenced by tha Note and this Oesd of Trust has bean applied for, oonsidered, approved and
<br />mada, and sll necessary loan documents have been accepted by Lender in the State of Oklahoma.
<br />No Waiver by Lender. Lender shal) not be deemed to have waived any rights under this Deed of Trust unless such
<br />waiver is given in wriisng and signed by Lender. No deiay or omission on the part of Lender in exercising any right
<br />shall operate as a walver oi such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br />shall not prejudfce or constitute a weiver of Lender's right atherwise to demand strict compliance with that
<br />provision or any othsr pravision of this Deed of Trust. No priar waiver by Lender, nor any course ot dealing
<br />between Lender and Trustar, shall constituta a waiver of any of Lender's riflhts or of any of 7rustor's obtigations
<br />as to any tuture transactions. Whenever the consent oi Lender is required under this Deed oi Trust, tha granting
<br />of such consent by Lender sn any instance shall not constitute continuing consent to subsequent instances where
<br />such consent is required and in all cases such cottsent may be granted or wiihheld in the sole discretion oi Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed oi Trust to be illegat, invalid, or
<br />unenforceable as to any circumstance, thet finding shall not make the offending provision iilegal, invalid, or
<br />unenfaroeable as to any other circumstance. If feasible, the affen8ing provision shall be considered moditied so
<br />that it becomes legal, vaiid and enforceable. If the offending provision cannot be so modified, it shail be
<br />considered delated irom this Deed of Trust. Unless otherwise repuired by law, the illegality, invalidity, or
<br />une�forcoability ot any provision of ihis Dead of 7rust shall not affect the legatity, valldity or enforceability ot any
<br />other provision ot this Deed af 7rust.
<br />Successors and Assigns. Subject Yo any limitations statad i� this Deed of 7rust on transter of 7rustar's intarest,
<br />this Deed of Trust shat! ba binding upon and inure to the beneiit of the parties, their successo�s and assigns. If
<br />ownership o# the Property becomes vesied in a person other than Trustor, Lender, without notice ta Trustor, may
<br />deal with Trustor's successors with reference to this Deed of Trust and the lndebtedness by way of torbearance or
<br />extension without releasing Trustor fran� the obligationa ot this Daed of 7rust or liabiiity under the Indebtedness.
<br />Time is of the Essence. Time is oi the sssence in the performance of this DeBd of Trust.
<br />Waive Jury, All pa�ties to this Deed of Trust heraby waive the right to any jury triat in any action, proceedtng, or
<br />counte�ctaim brought by any party against any other perty.
<br />Waiver of Ftomestead Exemption. Trustor herebY releases and waives ali rights and benetits oi the homestead
<br />exemption (aws of the 5tate of Nebraska as to all Indebtedness seoured by this Deed oi Trust,
<br />DEFINlTIdNS. The fotlowing capitalized words and terms shall have the following mean'sngs when usad in this Deed of
<br />Trust. tJnless spec+ficelly stated to the contrary, all references to dollar amaunis shail mean amounts in lawfut mpney
<br />of the United States of America. Words and Lerms used in the singuler shall include the plvral, and the plural shali
<br />includa the singular, as the context may require. Words and tarms not otherwise dei}ned in Lhis deed of Trust shaU
<br />have 4he meanings attrihuted to such terms in the Uniform Commercial Code:
<br />Benaficiary. The word "Beneficiary" means Commerce Bank, and its successors and assigns.
<br />8orrower. The word "Borrower" nieans Batis Developmeni Company and includes alI co•signars and co-makers
<br />signing the Note and ail their successors and assig�s.
<br />Deed of Trust. The words "Deed oi Trust" mean this beed of 7rust among 7rustor. Lender, and Trustee, and
<br />includes without Ifmitation ell assignment end security interest provisions relating to the Personal Property and
<br />Rents.
<br />Default. The word "pefaulY' means the qefauit set foRh in this Oeed af Trust in the section titted "Default".
<br />Environmental Lews. The words "Environmenta! Laws" mean any and all siate, federat and focal statutes.
<br />repulations and ordinanoes relatinti to the protection of human health or the environment, inctuding without
<br />limitation tha Comprehensive Environmental ftesponse. Compensation, and Liability Aat of 1980, as amended, 42
<br />U.S.C. Section 9�01, et sec{. {"CERCLA"a, the Superfund Amendments and Raauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SAEtA"), the Hazerdous Materials Transportation Act. 49 U.5.C. Section t801, et seq., the ftesourca
<br />Conservation and Recovery Act, 42 t1.S.C. Seation G901, ei seq., or other applicable state or federal laws, ruies.
<br />or regulations adopted pursuant thereto.
<br />Event of Defauit. The words "Event ot Detauit" mean any of the events oi defauli set forth in this Deed of Trust in
<br />the events of default section of this Deed of Trust.
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