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200000925
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Last modified
7/20/2017 7:23:33 PM
Creation date
10/20/2005 7:44:55 PM
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DEEDS
Inst Number
200000925
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� 200000925 <br /> from time to time and without notice, (i)release any person so liable; (ii) extend the maturity or alter any of the <br /> terms of any such obligations; (iii)grant other indulgences, (iv) release or reconvey, or cause to be released or <br /> reconveyed at any time at Lender's option any parcel, portion or all of the Property; (v)take or release any other or <br /> additional security for any obligation herein mentioned; or (vi) make compositions or other arrangements with <br /> debtors in relation thereto. <br /> (c) Forbearance bv Lender Not a Waiver. Any forbearance by Lender in exercising any right or <br /> remedy hereunder or otherwise afforded by applicable law shall not be a waiver of, or preclude the exercise of, any <br /> such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender <br /> shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. <br /> (d) Successors and Assiens Bound; Joint and Several Liabilitv' Captions. The covenants and <br /> agreements herein contained shall bind,and the rights hereunder shall inure to,the respective successors and assigns <br /> of Lender and Trustor. All covenants and agreements of Trustor shall be joint and several. The captions and <br /> headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or <br /> define the provisions hereof. <br /> (e) Request for Notices. The parties hereby request that a copy of any notice of default hereunder <br /> and a copy of any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth <br /> above in the manner prescribed by applicable law. Except for any other notice required under applicable law to be <br /> given in another manner, any notice provided for in this Deed of Trust shall be given by mailing such notice by <br /> certified mail addressed to the other parties, at the address set forth above. Any notice provided for in this Deed of <br /> Trust shall be effective upon mailing in the manner designated herein. If Trustor is more than one person, notice <br /> sent to the address set forth above shall be notice to all such persons. <br /> (� Inspection. Lender may make, or cause to be made, reasonable entries upon and inspections <br /> of the Property, provided that Lender shall give Trustor notice prior to any such inspection specifying reasonable <br /> cause therefor related to Lender's interest in the Property. <br /> (g) Reconvevance. Upon payment of all sums secured by this Deed of Trust, Lender shall request <br /> Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness <br /> secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge <br /> to the person or persons legally entitled thereto. Trustor shall pay all costs of recordation, if any. <br /> (h) Personal Propertv; Securitv A�reement. As additional security for the payment of the Note, <br /> Trustor hereby grants Lender, under the Nebraska Uniform Commercial Code, a security interest in all fixtures, <br /> equipment and other personal property used in connection with the real estate or improvements located thereon and <br /> not otherwise declared or deemed to be a part of the real estate secured hereby. This instrument shall be construed <br /> as a Security Agreement under said Code, and the Lender shall have all the rights and remedies of a secured party <br /> under said Code in addition to the rights and remedies created under and accorded the Lender pursuant to this Deed <br /> of Trust, provided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a <br /> limitation on, Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. <br /> �i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default <br /> under the provisions of any mortgage, deed of trust, lease or purchase contract describing all or any part of the <br /> Property, or other contract, instrument or agreement constituting a lien or encumbrance against all or any part of the <br /> Property (collectively, "Liens") existing as of the date of this Deed of Trust, and that any and all existing Liens <br /> remain unmodified except as disclosed to Lender in Trustor's written disclosure of liens and encumbrances provided <br /> for herein. Trustor shall timely perform all of Trustor's obligations, covenants, representation and warranties under <br /> any and all existing and future Liens, and shall not without Lender's prior written consent in any manner modify the <br /> provisions of or allow any future advances under any existing or future Liens. <br /> (j) Application of Pavments. Unless otherwise required by law, sums paid to Lender hereunder, <br /> including, without limitation, payments of principal and interest, insurance proceeds, condemnation proceeds and <br /> rents and profits, shall be applied by Lender to the amounts due and owing from Trustor and Borrower in such order <br /> as Lender in its sole discretion deems desirable. <br /> (k) Severabilitv. If any provision of this Deed of Trust conflicts with applicable law or is <br /> declared invalid or otherwise unenforceable, such conflict or invalidity shall not affect the other provisions of this <br /> Deed of Trust ar the Note which can be given effect without the conflicting provision, and to this end, the <br /> provisions of this Deed of Trust and the Note are declared to be severable. <br /> (1) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when <br /> the Trustor and Borrower are the same person(s),those terms as used in this Deed of Trust shall be interchangeable. <br /> (m) Governin�Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. <br /> Trustar has executed this Deed of Trust as of the date written above. <br /> Page 4 of 5 <br /> I <br />
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