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201901174
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201901174
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Last modified
12/9/2019 6:26:48 PM
Creation date
2/28/2019 4:07:19 PM
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DEEDS
Inst Number
201901174
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201901174 <br />or the lien of this Deed of Trust and any exercise of the rights or remedies of the Beneficiary <br />hereunder shall not impair the lien of any of the Other Security Documents or any of <br />Beneficiary's rights and remedies thereunder. Grantor specifically consents and agrees that <br />Beneficiary may exercise its rights and remedies hereunder and under the Other Security <br />Documents separately or concurrently and in any order that it may deem appropriate. <br />32. Default Rate. For purposes of this Deed of Trust, the term "Default Rate" means, <br />for any day, the rate per annum determined by adding 5% to the Base Rate (as defined in the <br />Credit Agreement) -with any change in such rate per annum as so determined by reason of a <br />change in the Base Rate to become effective on the date of such change in the Base Rate. <br />ce ofGoverning Law. The creation of this Deed of Trust, the perfection of the lien and <br />security interest in the Mortgaged Premises, and the rights and remedies of Beneficiary with <br />respect to the Mortgaged Premises, as provided herein and by the laws of the state in which the <br />Mortgaged Premises is located, shall be governed by and construed in accordance with the <br />internal laws of the state in which the Mortgaged Premises are located without regard to <br />principles of conflicts of law. Otherwise, all other obligations of Grantor (including, but not <br />limited to, the liability of Grantor for any deficiency following a foreclosure of all or any part of <br />the Mortgaged Premises) shall be governed by and construed in accordance with the internal laws <br />of the State of Nebraska without regard to principles of conflicts of laws, such state being the <br />state where such documents were executed and delivered. <br />34. Partial Invalidity. All rights, powers and remedies provided herein are intended to <br />be limited to the extent necessary so that they will not render this Deed of Trust invalid, <br />unenforceable or not entitled to be recorded, registered or filed under any applicable law. If any <br />term of this Deed of Trust shall be held to be invalid, illegal or unenforceable, the validity and <br />enforceability of the other terms of this Deed of Trust shall in no way be affected thereby. <br />35. Successors and Assigns. Whenever any of the parties hereto is referred to, such <br />reference shall be deemed to include the successors and assigns of such party; and all the <br />covenants, promises and agreements in this Deed of Trust contained by or on behalf of Grantor, <br />or by or on behalf of Trustee or Beneficiary, shall bind and inure to the benefit of the respective <br />successors and assigns of such parties, whether so expressed or not. <br />36. Headings. The headings in this instrument are for convenience of reference only <br />and shall not limit or otherwise affect the meaning of any provision hereof. <br />37. Changes, Etc. This instrument and the provisions hereof may be changed, waived, <br />discharged or terminated only by an instrument in writing signed by the party against which <br />enforcement of the change, waiver, discharge or termination is sought; it being understood that <br />so long as the Trustee protective provisions hereof are not being changed, waived, discharged or <br />terminated, the signature of Trustee shall not be required on any such change, waiver, discharge <br />or termination. <br />38. No Liability on Trustee or Beneficiary. Notwithstanding anything contained herein, <br />this Deed of Trust is only intended as security for the indebtedness hereby secured, and neither <br />-22- <br />
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