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89103409
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10/20/2011 4:08:38 AM
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10/20/2005 9:42:52 PM
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DEEDS
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89103409
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18. Mietellenseus Protristorts, <br />89-;�; 103409 E <br />(a) renewer Nat Released. Extension of the time for payment or modification of amortization of the sums secured by this <br />` Deed of Trust gmnW try Lender to any a mcomw In Interest of Borrower Shall not operate b reNOW In any maniter the liability -- -. - <br />'. <br />of" original BtotrowAT *Aj Bor;owar'z auccrssorz in interest. Lender shall not be required lo commence proceedings against <br />auch succ ooW or e•etvst+0 extend time for payminit of otherwise mcdity amortization of the sums secured by this Deed of Trust <br />by Treason o7 *,my ctwmaindit made by the original Borrowea OV-4 Wrrowor'a successors In Intttreot <br />(b) Leader.'* Peas , Without affecting the llab%ty of *T%y other person liable for the payment of any obligation. herein <br />mention" and without affecting the Ilan or charge of this Deed of Trust upon any portion of the Property not then or thersfatrire <br />released as security for the full amount of all unpaid obligations. Lender may, from Orvieto time and without notice (1) roles" any <br />person so liable, (0) extend the maturity or alter any of the terms of any such obligations, (111) grant other Induigenouo, (iv) nolsase <br />i or reconvey. or cause to be released or reconvoyed at any time at Lender's option any parcel, portion or all of, the Property, - <br />(v) take or release any other or additional security for any obligation heroin mentioned, or (vi) make compositions or other <br />Affane.nnrs wft dAhMM in ralafion therel0. - <br />(c) ierbeerartoe by Leader Net a WWM Any forbearance by Lender In exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be d waiver of or preclude the exercise of any such right or remedy. The <br />procurement of insurance as the payment of taxes or other liens or charges by lender shall not be a welver of Lender's right to <br />accelerate this maturity of the indebtedness "cured by this Deed of Trust. <br />(d) Wocessers and Age" dotard; JeNN and Several Liability; CapMono. The covenants and agreements heroin con- <br />tained shall bind, and the rights hereunder shall Inure to, the respective successor and assigns of Lender and Trustor. All <br />covenants and agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of <br />Trust are for convenience only and are not to be used to interpret or define the provisions hereof. <br />i (a) Repueel for Nollose. The parties hereby request that a copy of any notice of default hereunder and a copy of any notice <br />of sate hwwndw be mailed to each party to this Deed of Trust at the address set forth above In the manner prescribed by <br />applicable law. Except for any other notice required under applicable law to be given in another manner, any notice provided <br />for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to the other parties, at the address set <br />forth above. Any notice provided for In this Deed of Trust shaft be effective upon mailing in the manner designated heroin. If <br />Trustor is more then one person, notice sent to the address set forth above shall be notice to all such persons. <br />(1) MnpsWe . Lender may make or cause to be made reasonable entries upon and inspections of the Property provided <br />that Lender shall give Trustor notice prior to any such Inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />Ig) Reaonveyw". Upon payment of all sums secured by this Deed of Trust, Lender shall requegTcusteeto reconvey the <br />Propany, and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. <br />i Trustee shall reconvey the Property without warranty and wldttout charge to the person or persons legally entitled Ifterallo. _ <br />Trustor.shabl pay all costs of recordation, if any. <br />(h) P�rremW PnpMty; Sauft Agreemeea As additional security for the payment of the Note, Trustor hereby grants <br />Lender under the Nebraska Uniform Commerceau Code a security interest In all fixtures, equipment and other personal property <br />used In connection with the real estate or improvements located thereon, and not otherwise declared or deemed to be a part of <br />Me rea!I estate secured hereby. Th m instrument shrill be construed as a Security Agreement under said Code, and the Linder — <br />shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies created under <br />and accorded the Lender pursuant to this Deed of Trust: pripveded that Lender's rights and remedies under this paragraph shall <br />be c%m. ul.:::e with, and. In no ay a 11miLtin -P nn. t eknjoes, rights and ramadies under my Other aaCUtiM aQteemenl signed by <br />Borrower or Trustor. <br />(i) Leine and Errcombrances. Trustor hereby; warrants and represents that there Is no default under the provisions of any <br />mortgage, doed of trust, lease or purchase contract derma ng all or any part of the Property, or other contract. instrument or <br />agreement constituting a lien or encumbrance again st,ml; err,- any part of the Property (collectively. "Liens "), exis>ting as of the <br />date of this Deed of Trust and that any and Wt exist rig Luens remain unmodified except as disclosed to Lends In Trustor's <br />written disclosure of liens and encumbrances i+rovidedls for herein. Trustor shall timely perform all of Truslar's obligations.. <br />covenants, rapreeenlations and warrantees under anv and alt exisiting and future Liens. shall promptly forward to Lender copies <br />of all notices of default sent in connection with any and al?, existing or future Liens, and shall not without Lender's prior written <br />consent in any manner modify the provisions of or allow any future advances under any existing or future Liena <br />(j). AppMlfo <br />can of Payments. Unless otherwise required Itzy law, sums paid to Lender hereunder, including without limitation <br />paymprits of principal and interest insurance proceeds. condemnation proceeds and rents and profits, shill be applied by <br />Laxler lo the amounts due and owing from Trust ar ar,d 6mrrower in such order as Lender in its sofa dliscrellOn deems desirable. _ <br />((Q ijeverabllNy. If any provision of this Deed of Trust-con licts with applicable law or is dectarod invalid or otherwise <br />unen1wceable, such conflict or invalidity shall not affoo ttte other provisons of this Deed of Trust or the eerie which can be <br />give:, erect without the conflicting provision, and to fts wind the provisions of this Deed of Trust and the Note are declared to be T <br />se•�ceretile. <br />6) tomes. The terms "Trustor" and "Borrovrar' shall include both singular and plural, and when the Trustor and Borrower � - are the same person(s), those terms as used i6-this Deed of Trust shall be interchangeable.. <br />yr.k.GovernMhO Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. <br />Trustor has executed this Deed of Trust as of the date written above. <br />C. C. & B. CO. <br />it " duster <br />BY: ce4� �<«.� President <br />Trustor <br />1 <br />(t <br />
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