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201210642
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Last modified
8/19/2014 2:21:36 PM
Creation date
12/17/2012 9:31:40 AM
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DEEDS
Inst Number
201210642
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GRANTOR: <br />YOGI MOTEL, INC. <br />SHAILA PATEL, Secretary <br />• <br />2012/0642 <br />agrees to sign, deliver, and file any additional documents or certifications that Lender may <br />consider necessary to perfect, continue, and preserve Grantor's obligations under this Security <br />Instrument and to confirm Lender's lien status on any Property, and Grantor agrees to pay all <br />expenses, charges and taxes in connection with the preparation and recording thereof. Time is <br />of the essence. <br />27. AGREEMENT TO ARBITRATE. Lender or Grantor may submit to binding arbitration any <br />dispute, claim or other matter in question between or among Lender and Grantor that arises out <br />of or relates to this Transaction (Dispute), except as otherwise indicated in this section or as <br />Lender and Grantor agree to in writing. For purposes of this section, this Transaction includes <br />this Security Instrument and any other document relating to the Secured Debts, and proposed <br />loans or extensions of credit that relate to this Security Instrument. Lender or Grantor will not <br />arbitrate any Dispute within any "core proceedings" under the United States bankruptcy laws. <br />Lender and Grantor must consent to arbitrate any Dispute concerning the Secured Debt secured <br />by real estate at the time of the proposed arbitration. Lender may foreclose or exercise any <br />powers of sale against real property securing the Secured Debt underlying any Dispute before, <br />during or after any arbitration. Lender may also enforce the Secured Debt secured by this real <br />property and underlying the Dispute before, during or after any arbitration. <br />Lender or Grantor may, whether or not any arbitration has begun, pursue any self -help or similar <br />remedies, including taking property or exercising other rights under the law; seek attachment, <br />garnishment, receivership or other provisional remedies from a court having jurisdiction to <br />preserve the rights of or to prevent irreparable injury to Lender or Grantor; or foreclose against <br />any property by any method or take legal action to recover any property. Foreclosing or <br />exercising a power of sale, beginning and continuing a judicial action or pursuing self -help <br />remedies will not constitute a waiver of the right to compel arbitration. <br />The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator will resolve any <br />Dispute, whether individual or joint in nature, or whether based on contract, tort, or any other <br />matter at law or in equity. The arbitrator may consolidate any Dispute with any related <br />disputes, claims or other matters in question not arising out of this Transaction. Any court <br />having jurisdiction may enter a judgment or decree on the arbitrator's award. The judgment or <br />decree will be enforced as any other judgment or decree. <br />Lender and Grantor acknowledge that the agreements, transactions or the relationships which <br />result from the agreements or transactions between and among Lender and Grantor involve <br />interstate commerce. The United States Arbitration Act will govern the interpretation and <br />enforcement of this section. <br />The American Arbitration Association's Commercial Arbitration Rules, in effect on the date of <br />this Security Instrument, will govern the selection of the arbitrator and the arbitration process, <br />unless otherwise agreed to in this Security Instrument or another writing. <br />28. WAIVER OF TRIAL FOR ARBITRATION. Lender and Grantor understand that the parties <br />have the right or opportunity to litigate any Dispute through a trial by judge or jury, but that the <br />parties prefer to resolve Disputes through arbitration instead of litigation. If any Dispute is <br />arbitrated, Lender and Grantor voluntarily and knowingly waive the right to have a trial by jury <br />or judge during the arbitration. <br />2012099 <br />SIGNATURES. By signing, Grantor agrees to the terms and covenants contained in this <br />Security Instrument. Grantor also acknowledges receipt of a copy of this Security Instrument. <br />By n\ Y\ ate f(Ci Date 156Y- L \ Zak 2 - , <br />MANMOHAN PATEL, President <br />By °t7 Date 1 1 12..t 1 ZPJ 2--. <br />YOGI MOTEL, INC. <br />Nebraska Deed Of Trust <br />NE/ 4XXXDBOND00000000000648064112012N Wolters Kluwer Financial Services 0 1996, 2012 Bankers Page 8 <br />SystemsTu <br />
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