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" � DEED OF TRUST 2 0110 9 3 3�.
<br />(Continued) Page 7
<br />several, and all references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean
<br />each and every Borrower. This means that each Trustor signing below is responsible for all obligetions in thls Deed
<br />of Trust.
<br />No Walver 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 omission on the part of Lender in exercising any right
<br />shaii operate as a waiver of such right or eny 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 otherwlse to demand strict compliance with that
<br />provision or any other provision of this Deed of Trust. Plo prior waiver by Lender, nor any course of dealing
<br />between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of eny of Trustor's obligations
<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 lnstance shall not constltute continuing consent to subsequent instances 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 thls Deed of Trust to be illegal, invelid, 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. If feasible, the offending provislon shall be considered modified so
<br />that it becomes legal, valid and enforceable. If the offending provision cannot be so modifled, it shall be
<br />considered deleted from this Deed of Trust. Unless otherwiae required by law, the illegality, tnvaUdity, 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 transfer of Trustor's interest,
<br />this Deed of Trust shall be binding upon end inure to the benefit of the parties, their successors and assigns. If
<br />ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may
<br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by wey of forbearence or
<br />extension without releasing Trustor from the obligations of this Deed of 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 />Waive Jury. All pardes to this Deed of Trust hereby weive the right to any jury trial in any action, proceeding, or
<br />counterclaim brought by any party against any other party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the Stete of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalizad words and terms shall have the following meanings when used in thfs Deed af
<br />Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money
<br />of the United States of America. Words end terms used in the singular shall include the plural, and the plural shall
<br />include the singular, as the context may require. Words and terms not otherwtse deflned 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 Exchange Bank, end its successors end assigns.
<br />Borrower. The word "Borrower° means Mr. G's Car Cere Center, Inc and includes all co-signers and co-makers
<br />signing the Note and all their successors and essigns.
<br />Dead of Trust. The words "Deed of Trust" mean this Deed of Trust emong Trustor, Lender, and Trustee, and
<br />includes without limitation ell assignment and security interest provisions relating to the Personal Property end
<br />Rents.
<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
<br />Environmental Laws. The words "Environmental Lews° mean any and all state, federal and local statutes,
<br />regulatlons and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"), the Hazardous Materiels 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 lawa, rules,
<br />or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of default aet forth in this Deed of Trust in
<br />the events of default section of this Deed of Trust. �._,
<br />Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation perty`=o# eny or�all of the
<br />Indebtedness.
<br />� � � .
<br />Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, inciuding without limitation a
<br />guaranty of all or part of the Note.
<br />Hazardous Substances. The words °Hazardous Substances° mean materials that, because of their quantlty,
<br />concentration or physical, chemical or infectious charecteristics, may cause or pose a present or potential hazard
<br />to human health or the environment when improperly used, treated, stored, disposed of, ganereted, manufectured,
<br />transported or otherwise handled. The words °Hezardous Substances" are used in their very broedest sense and
<br />include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
<br />under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
<br />petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
<br />Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, modlfications of,
<br />consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
<br />Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's
<br />obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br />Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances
<br />provision, together with all interest thereon and all amounts that may be fndirectly secured by the
<br />Cross-Collateralization provision of this Deed of Trust.
<br />Lender. The word "Lender" means Exchange Bank, its successors and assigns.
<br />Note. The word "Note° means the promisaory note dated February 26, 2010, I� the original principal
<br />amount of $592 from Borrower to Lender, together with all renewels of, extensions of, modiflcetions
<br />of, refinancings of, consolidations of, and substitutfons for the promissory note or agreement. NOTICE TO
<br />TRUSTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE.
<br />Personal Property. The words °Personal Property" mean all equipment, fixtures, and other articles of personal
<br />property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property;
<br />together wfth all accessions, parts, end additions to, all replacements of, and all subatitutiona for, any of such
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