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<br />DEED OF TRUST
<br />Loan No: 2935477005 (COntinUed) Page 13
<br />of Lender.
<br />Goveming Law. This Deed of Trust will be govemed by federal law applicable to Lender and, to the extent not
<br />preempted by federal taw, the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such
<br />waiver is given in writing and signed by Lender. No delay or omiss+on on the part of lender in exercising any right
<br />shall operate as a waiver ot such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br />shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br />provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of deaiing
<br />between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obtigations
<br />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 instance shatl not constitute continuing consent to subsequent insYances where
<br />such consent is 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
<br />unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
<br />unenforceable as to any other circumstance. !f feasible, the offending provision shali be considered modified so
<br />that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be
<br />considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any
<br />other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on tfansfer of Trustor's interest,
<br />this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. !f
<br />ownership of the Property becomes vesfed in a person other than Trcistor, Lender, without notice to Trustor, may
<br />deai with Trustar's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br />extension wiihout releasing Trustor from the obligations of this Deed of Tnist or liability under the Indebtedness.
<br />Time is of the Essence. 7ime is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed pf Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Qeed"of
<br />Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful moriey
<br />of the United States of America. Words and terms used in the singular shail include the plural, and the plural shall
<br />include the singular, as the context may require. Words and terms not othervvise defined in this Deed of Trust shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Wells Fargo Bank, Nationa! Association, and its successors and
<br />assigns.
<br />Borrower. The word "Borrower" means GiPH Restaurants, L.L.C. and includes al! co-signers and co-makers
<br />signing the Note and all their successors and assigns.
<br />Deed of Trust. The words "Oeed of Trust" mean this Deed of Tnast among Trustor, Lender, and Trustee, and
<br />inciudes without limitation al( assignment and security interest provisions relating io the Personal Property and
<br />Rents.
<br />Default The word "Default" means fhe Defauit set forth in this Deed of Tn�st in the section titled "DefaulY'.
<br />Environmental Laws. The words "Environmental Laws" mean any and all sfate, federal and tocal statutes,
<br />regulations and ordinances relating to the protection of human heaith or the environment, including without
<br />Iimitation the Comprehensive Environmentai Response, Compensation, and Liabi�ity Act of 1980, as amended, 42
<br />U.S.G Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"), Yhe Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules,
<br />or regulations adopted pursuant thereta
<br />Event of Default The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in
<br />the events of defauft section of this Deed of Trust.
<br />Guarantor. The word "Guarantor" means any guarantor, surery, or accommodation party of any or all of the
<br />Indebtedness.
<br />Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a
<br />guaranty of all or part of the Note.
<br />Hazardous 5ubstances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
<br />to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
<br />transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
<br />include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
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