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200110903
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Last modified
10/14/2011 11:36:56 AM
Creation date
10/20/2005 10:49:56 PM
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DEEDS
Inst Number
200110903
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200110903 <br />Without limiting the foregoing, Grantor waives any defense arising out of any such nonjudicial <br />sale even though such sale operates to impair or extinguish any right of reimbursement or <br />subrogation or any other right or remedy of Grantor against Borrower or any subsidiary of <br />Borrower or against any collateral security. <br />SECTION 6.08. Exercise by Trustee. Notwithstanding anything herein to <br />the contrary, Trustee (a) shall not exercise, or waive the exercise of, any of its rights or remedies <br />hereunder (other than his right to reimbursement) except upon the request of Beneficiary, and (b) <br />shall exercise, or waive the exercise of, any or all of such rights or remedies upon the request of <br />Beneficiary and at the direction of Beneficiary as to the manner of such exercise or waiver, <br />provided that Trustee shall have the right to decline to follow any of such request or direction if <br />Trustee shall be advised by counsel that the action or proceeding, or manner thereof, so directed <br />may not lawfully be taken or waived. <br />ARTICLE VII <br />Release of Lien <br />SECTION 7.01. Release of Lien. Without limiting the obligations of <br />Beneficiary or Trustee under Section 5.01, if all of the Secured Obligations shall be fully <br />satisfied, paid and performed, then and in that event only all rights and obligations hereunder <br />shall terminate. In such event, subject to Neb. Rev. Stat. §76- 1014.01, Beneficiary shall, at the <br />request of Grantor and at Grantor's sole cost and expense, deliver to Grantor, in recordable form, <br />all such documents as shall be necessary to release the Trust Property from the liens, security <br />interests, conveyances and assignments created or evidenced hereby. <br />ARTICLE VIII <br />Additional Provisions <br />SECTION 8.01. Provisions as to Payments, Advances. (a) To the extent <br />that any part of the Secured Obligations is used to pay indebtedness secured by any Permitted <br />Encumbrance or other outstanding lien, security interest, charge or prior encumbrance against the <br />Trust Property or to pay in whole or in part the purchase price therefor, Beneficiary shall be <br />subrogated to any and all rights, security interests and liens held by any owner or holder of the <br />same, whether or not the same are released. Grantor agrees that, in consideration of such <br />payment by Beneficiary, effective upon such payment Grantor shall and hereby does waive and <br />release all demands, defenses and causes of action for offsets and payments with respect to the <br />same. <br />SECTION 8.02. Separability. If all or any portion of any provision of this <br />Deed of Trust or any other Loan Documents shall be held to be invalid, illegal or unenforceable <br />in any respect or in any jurisdiction, then such invalidity, illegality or unenforceability shall not <br />NYDOCS03 /596673.1 26 HALL COUNTY, NEBRASKA <br />
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