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201503758
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6/5/2015 4:35:30 PM
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DEEDS
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201503758
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Willoughby <br />Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing <br />Loan no. 197694 <br />18 <br />201503753 <br />Documents to any other Person. Beneficiary may disclose to any actual or proposed transferee any information <br />that Trustor has delivered to Beneficiary in connection with the negotiation of this deed of trust or pursuant to the <br />Secured Obligation Documents; and Trustor shall cooperate fully with Beneficiary in providing that information to <br />any actual or proposed transferee. <br />12.12 Rights and Remedies Cumulative. All rights and remedies under this deed of trust and the <br />Secured Obligation Documents are cumulative, and the exercise of any one or more of them does not constitute <br />an election of remedies. <br />12.13 Severability. Any provision of any Secured Obligation Document which is prohibited or <br />unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or <br />unenforceability without invalidating the remaining provisions of that Secured Obligation Document or affecting <br />the validity or enforceability of that provision in any other jurisdiction; except that if such provision relates to the <br />payment of any monetary sum, then Beneficiary may, at its option, declare all Secured Obligations immediately <br />due and payable. <br />12.14 Amendments in Writing. This deed of trust may not be amended, changed, modified, altered or <br />terminated without the prior written consent of Beneficiary. <br />12.15 Governing Law. This deed of trust shall be governed exclusively by the laws of the State of <br />Nebraska without regard or reference to its conflict of laws principles. <br />12.16 Counterpart Execution. This deed of trust may be executed in counterparts, each of which will <br />be an original and all of which together are deemed one and the same instrument. <br />12.17 Necessary Action. Trustee and Beneficiary is authorized to execute any other documents or take <br />any other actions necessary to effectuate this deed of trust and the consummation of the transactions <br />contemplated herein. <br />12.18 Time of the Essence. Time is of the essence of this deed of trust. <br />12.19 No Construction Against Drafter. Each Party has participated in negotiating and drafting this <br />deed of trust, so if an ambiguity or a question of intent or interpretation arises, this deed of trust is to be <br />construed as if the parties had drafted it jointly, as opposed to being construed against a Party because it was <br />responsible for drafting one or more provisions of this deed of trust. <br />[REMAINDER OF PAGE INTENTIONALLY BLANK] <br />Rev. 1.7.2015 <br />
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