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201607320
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7/3/2017 5:40:33 PM
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11/2/2016 4:17:52 PM
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DEEDS
Inst Number
201607320
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terms of this Security Instrument or any evidence of debt without Grantor's consent. Such a change will not release Grantor from <br />the terms of this Security Instrument. The duties and benefits of this Security Instrument will bind and benefit the successors <br />and assigns of Lender and Grantor. <br />24. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified by oral <br />agreement. No amendment or modification of this Security Instrument is effective unless made in writing and executed by <br />Grantor and Lender. This Security Instrument and any other documents relating to the Secured Debts are the complete and final <br />expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will <br />be severed and the remaining provisions will still be enforceable. <br />25. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings <br />are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. <br />26. NOTICE, ADDITIONAL DOCUMENTS AND RECORDING FEES. Unless otherwise required by law, any notice will be given by <br />delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any <br />other address designated in writing. Notice to one Grantor will be deemed to be notice to all Grantors. Grantor will inform Lender <br />in writing of any change in Grantor's name, address or other application information. Grantor will provide Lender any other, <br />correct and complete information Lender requests to effectively mortgage or convey the Property. Grantor agrees to pay all <br />expenses, charges and taxes in connection with the preparation and recording of this Security Instrument. Grantor agrees to <br />sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and <br />preserve Grantor's obligations under this Security Instrument and to confirm Lender's lien status on any Property, and Grantor <br />agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof. Time is of the essence. <br />27. AGREEMENT TO ARBITRATE. Lender or Grantor may submit to binding arbitration any dispute, claim or other matter in <br />question between or among Lender and Grantor that arises out of or relates to this Transaction (Dispute), except as otherwise <br />indicated in this section or as Lender and Grantor agree to in writing. For purposes of this section, this Transaction includes this <br />Security Instrument and any other document relating to the Secured Debts, and proposed loans or extensions of credit that relate <br />to this Security Instrument. Lender or Grantor will not arbitrate any Dispute within any "core proceedings" under the United <br />States bankruptcy laws. <br />Lender and Grantor must consent to arbitrate any Dispute concerning the Secured Debt secured by real estate at the time of the <br />proposed arbitration. Lender may foreclose or exercise any powers of sale against real property securing the Secured Debt <br />underlying any Dispute before, 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 remedies, including taking <br />property or exercising other rights under the law; seek attachment, garnishment, receivership or other provisional remedies from a <br />court having jurisdiction to preserve the rights of or to prevent irreparable injury to Lender or Grantor; or foreclose against any <br />property by any method or take legal action to recover any property. Foreclosing or exercising a power of sale, beginning and <br />continuing a judicial action or pursuing self -help 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 Dispute, whether individual or <br />joint in nature, or whether based on contract, tort, or any other matter at law or in equity. The arbitrator may consolidate any <br />Dispute with any related disputes, claims or other matters in question not arising out of this Transaction. Any court having <br />jurisdiction may enter a judgment or decree on the arbitrator's award. The judgment or decree will be enforced as any other <br />judgment or decree. <br />Lender and Grantor acknowledge that the agreements, transactions or the relationships which result from the agreements or <br />transactions between and among Lender and Grantor involve interstate commerce. The United States Arbitration Act will govern <br />the interpretation and enforcement of this section. <br />The American Arbitration Association's Commercial Arbitration Rules, in effect on the date of this Security Instrument, will <br />govern the selection of the arbitrator and the arbitration process, unless otherwise agreed to in this Security Instrument or another <br />writing. <br />28. WAIVER OF TRIAL FOR ARBITRATION. Lender and Grantor understand that the parties have the right or opportunity to <br />litigate any Dispute through a trial by judge or jury, but that the parties prefer to resolve Disputes through arbitration instead of <br />litigation. If any Dispute is arbitrated, Lender and Grantor voluntarily and knowingly waive the right to have a trial by jury or judge <br />during the arbitration. <br />SIGNATURES. By signing, Grantor agrees to the terms and covenants contained in this Security Instrument. Grantor also <br />acknowledges receipt of a copy of this Security Instrument. <br />GRANTOR: <br />WILLIAM R CAREY <br />WILLIAM R CA E' <br />Nebraska Deed Of Trust <br />N E /4XXSPIEHS00000000009966020N <br />Date <br />Date <br />Wolters Kluwer Financial Services 0 1996, 2016 Bankers Page 6 <br />Systems'" <br />201607320 <br />
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