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201903152
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Last modified
12/9/2019 6:24:50 PM
Creation date
6/3/2019 4:10:25 PM
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DEEDS
Inst Number
201903152
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201903152 <br />Section 3.11 - Governing Law. This Deed of Trust has been negotiated, executed <br />and delivered in the State of Nebraska and shall be governed by and interpreted in accordance <br />with the internals laws of the State of Nebraska (regardless of conflict of laws principles or <br />the place of business, residence, location or domicile of the Trustor or any constituent <br />principal thereof), except to the extent superseded by Federal law. <br />Section 3.12 - Notices. Any notice demand, consent, approval, request, or other <br />communication or document required or permitted to be given by a party hereto to another <br />party shall be deemed to have been given when (i) delivered personally (with written <br />confirmation of receipt); (ii) sent by electronic communication, whether by email or <br />telefacsimile to an email address or fax number as designated in writing by the party to whom <br />the communication is addressed (with written confirmation of receipt), provided that a <br />confirmation copy also is promptly mailed by certified mail, return receipt requested; (iii) <br />received by the addressee, if sent by a nationally recognized overnight delivery service <br />(receipt requested); or (iv) received by the addressee, if sent by certified mail, return receipt <br />requested, and addressed as provided in the first paragraph of this Deed of Trust. Any party <br />hereto may change its address for notice from time to time by delivering written notice as <br />above provided at least ten (10) days prior to the effective date of such change. <br />Section 3.13 - Representations, Warranties and Covenants of Trustor. Trustor and <br />each signatory who signs on its behalf hereby jointly and severally represent and warrant as <br />follows: <br />A. That Trustor is a duly formed limited liability company, validly existing, <br />and in good standing under the laws of the State of Nebraska, and with <br />power to (i) incur the Secured Indebtedness evidenced by the Note; (ii) <br />grant this Deed of Trust; and (iii) enter into the other Loan Documents and <br />all other instruments executed and delivered to Beneficiary concurrently <br />herewith; <br />B. That this Deed of Trust, the Note, the other Loan Documents and all other <br />instruments executed and delivered to Beneficiary concurrently herewith <br />were executed in accordance with the requirements of law and in <br />accordance with any requirements of the Certificate of Organization and <br />Operating Agreement of the Trustor, and any amendments thereto; <br />C. That the execution by Trustor of this Deed of Trust, the Note, the other <br />Loan Documents, and all other instruments executed and delivered to <br />Beneficiary concurrently herewith, and the full and complete performance <br />by the Trustor of the provisions thereof, is authorized by each Trustor's <br />Certificate of Organization and Operating Agreement and by appropriate <br />resolution of Trustor's members and/or managers and will not result in any <br />breach of, or constitute a default under, or result in the creation of any lien, <br />charge or encumbrance (other than those contained herein or in any <br />instrument delivered to Beneficiary concurrently herewith) upon any <br />property or assets of the Trustor under the Certificate of Organization or <br />Operating Agreement of said Trustor or any indenture, mortgage, deed of <br />19 <br />
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