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1/13/2021 3:39:53 PM
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DEEDS
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202100339
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2-021u0339 <br />all financial statements and information Trustor provides to Beneficiary are, or will be, accurate, correct, <br />and complete. Trustor agrees to sign, deliver, and file as Beneficiary may reasonably request any <br />additional documents or certifications that Beneficiary may consider necessary to perfect, continue, and <br />preserve Trustor's obligations under this Deed of Trust and Beneficiary's lien status on the Property. If <br />Trustor fails to do so, Beneficiary may sign, deliver, and file such documents or certificates in Trustor's <br />name and Trustor hereby irrevocably appoints Beneficiary or Beneficiary's agent as attorney in fact to do <br />the things necessary to comply with this section. <br />25. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties <br />under this Deed of Trust are joint and individual. If Trustor signs this Deed of Trust but does not sign the <br />Evidence of Debt, Trustor does so only to mortgage Trustor's interest in the Property to secure payment <br />of the Secured Debt and Trustor does not agree to be personally liable on the Secured Debt. Trustor <br />agrees that Beneficiary and any party to this Deed of Trust may extend, modify or make any change in <br />the terms of this Deed of Trust or the Evidence of Debt without Trustor's consent. Such a change will <br />not release Trustor from the terms of this Deed of Trust. The duties and benefits of this Deed of Trust <br />shall bind and benefit the successors and assigns of Trustor and Beneficiary. <br />If this Deed of Trust secures a guaranty between Beneficiary and Trustor and does not directly secure <br />the obligation which is guarantied, Trustor agrees to waive any rights that may prevent Beneficiary from <br />bringing any action or claim against Trustor or any party indebted under the obligation including, but not <br />limited to, anti -deficiency or one -action laws. <br />26. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Deed of Trust is governed by the laws of <br />the jurisdiction in which Beneficiary is located, except to the extent otherwise required by the laws of <br />the jurisdiction where the Property is located. This Deed of Trust is complete and fully integrated. This <br />Deed of Trust may not be amended or modified by oral agreement. Any section or clause in this Deed of <br />Trust, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will <br />not be effective, unless that law expressly or impliedly permits the variations by written agreement. If <br />any section or clause of this Deed of Trust cannot be enforced according to its terms, that section or <br />clause will be severed and will not affect the enforceability of the remainder of this Deed of Trust. <br />Whenever used, the singular shall include the plural and the plural the singular. The captions and <br />headings of the sections of this Deed of Trust are for convenience only and are not to be used to <br />interpret or define the terms of this Deed of Trust. Time is of the essence in this Deed of Trust. <br />27. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and <br />appoint a successor trustee by an instrument recorded in the county in which this Deed of Trust is <br />recorded. The successor trustee, without conveyance of the Property, shall succeed to all the title, <br />power and duties conferred upon the Trustee by this Deed of Trust and applicable law. <br />28. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by <br />first class mail to the appropriate party's address on page 1 of this Deed of Trust, or to any other <br />address designated in writing. Notice to one trustor will be deemed to be notice to all trustors. Trustor <br />and Beneficiary hereby request a copy of any notice of default, and a copy of any notice of sale <br />thereunder, be mailed to each party at the address for such party set forth on page 1 of this Deed of <br />Trust. <br />29. U.C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Deed of Trust: <br />❑ Construction Loan. This Deed of Trust secures an obligation incurred for the construction of an <br />improvement on the Property. <br />® Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Trustor owns now <br />or in the future and that are or will become fixtures related to the Property. <br />Agricultural/Commercial Real Estate Security Instrument -NE <br />Bankers Systems TM VMP® <br />Wolters Kluwer Financial Services © 1993, 2011 <br />VMPC595)NE) (17011.00 <br />AGCO-RESI-NE 1/1/2017 <br />Page 10 of 13 <br />
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