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200003584 <br />20. Borrower requests that copies of any notice of default and notice of sale be mailed to 2518 Pioneer Blvd. Grand Island Nebraska <br />CQ4A1 <br />If the Borrower wants to change such address or the person designated to receive such notice then Borrower must file a separate request for such notice with the <br />Register of Deeds of each county in which the Property is located setting forth the name and address of the person to whom notice is to be sent, and identifying this <br />Trust Deed by stating the names of the parties hereto, the date it was recorded and the instrument number or book and page thereof. If no such separate request is <br />filed then notice mailed to the party and address set forth above shall be deemed legally conclusive as notice to the Borrower notwithstanding any subsequent death, <br />incapacity or disability, or change of address, marital status, name, capacity or membership. <br />21. Borrowers warrant and represent that no hazardous material has been placed, held, located or disposed of on, under or at the Property and no underground <br />storage tanks have been installed, used or exist on the Property and there is no investigation, order or litigation with respect to hazardous substances or underground <br />storage tanks relating to the Property, Borrower agrees to not use, generate, store, or dispose of or permit the use, generation, storage, or disposal of any hazardous <br />material above, in, on, or under the Property now or at any future time and shall not install underground storage tanks upon the Property. If it is determined at any time <br />that there are hazardous materials located above, in, on, or under the Property, which under environmental law require a special handling, use, collection, storage, <br />treatment or disposal, the Borrower shall commence within thirty (30) days after notice thereof, at its sole expense to comply with all such environmental requirements. <br />Failure to comply with such environmental requirements shall constitute an event of default under this Trust Deed. Borrower agrees to Indemnity and hold harmless <br />Lender against and from any and all claims, costs and proceedings, which may be asserted against Lender relating to or arising from environmental matters, laws or <br />regulations. This indemnification shall survive notwithstanding the exercise of the power of sale, foreclosure or deed of reconveyance. <br />22. Extension of the time for payment or modification of any amortization of any the indebtedness to any successor in interest of the Borrower shall not operate <br />to release in any manner the liability of Borrower. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and <br />without affecting the lien or charge of this Trust Deed upon any portion of the Property not then or thereafter released as security for the full amount of all unpaid <br />obligations, Lender may, from time to time and without notice, (1) release any person so liable, (2) extend the maturity or after any of the terms of such obligations, (3) <br />grant other indulgences, (4) release or reconvey or cause to be reconveyed at any time at Lender's option any parcel, portion or all of the Property, (5) take or release <br />any other or additional security for any obligation herein mentioned, or (6) make compositions or other arrangements with debtors in relation thereto. <br />23. This Trust Deed shall constitute a security agreement and fixture filing under the provisions of the Nebraska Uniform Commercial Code with respect to those <br />fixtures constituting a part of the Property, together with all other property Borrower now or hereafter located at or on the Property. Lender shall have all the rights and <br />remedies of a secured party under the Uniform Commercial Code in addition to the rights and remedies created under and accordance to Lender pursuant to this Trust <br />Deed. <br />24. This Trust Deed shall be governed by the laws of the State of Nebraska. <br />25. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure, to the respective heirs, representatives, successors and <br />assigns of the parties. All covenants and agreements of Borrower shall be joint and several. Whenever reference is made to the singular hereunder, it shall include the <br />plural and the plur s all include the singular. <br />IN WITN S W EREOF, Borrower a `7rus t Deed. <br />Borrower Donald E. Jenkin orro er Donnette K. Jenk' s <br />Borrower <br />Borrower <br />ACKNOWLEDGMENTS <br />STATE OF Nebraska The foregoing instrument was acknowledged before me this 25th day of April <br />County of Hall 2000 , by Donald E. Jenkins and Donnette K. Jenkins . husband and <br />STATE OF <br />County of <br />STATE OF <br />County of <br />STATE OF <br />County of <br />STATE OF <br />GENERAL NOTARY STATE OF NEBRASKA <br />JAMES D. BALLARD <br />WOOMM. EXP. MAR. 1] Zpotary blic <br />The foregoing instrument was acknowledged before me this day of <br />by <br />Notary Public <br />The foregoing instrument was acknowledged before me this day of <br />, by , <br />of <br />a corporation, on behalf of the corporation <br />Notary Public <br />The foregoing instrument was acknowledged before me this day of <br />by <br />Notary Public <br />Entered on numerical index and filed for record in the Register of Deeds Office of said County the <br />of County of <br />at o'clock and <br />M., and recorded in Book of <br />Register of Deeds <br />By <br />F12655.LM0 (2/96) Page 3 of 3 <br />a partner, on behalf of <br />at page <br />a partnership. <br />day <br />minutes <br />Deputy <br />