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202400177
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Last modified
1/16/2024 10:44:56 AM
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1/16/2024 10:44:55 AM
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DEEDS
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202400177
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202400177 <br />costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may <br />sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in <br />return Grantor will provide Lender with collateral of at least equal value to the Property <br />without prejudice to any of Lender's rights under this Security Instrument. <br />L. Notwithstanding any of the language contained in this Security Instrument to the <br />contrary, the terms of this section will survive any foreclosure or satisfaction of this Security <br />Instrument regardless of any passage of title to Lender or any disposition by Lender of any or <br />all of the Property. Any claims and defenses to the contrary are hereby waived. <br />17. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened <br />action by private or public entities to purchase or take any or all of the Property through <br />condemnation, eminent domain, or any other means. Grantor authorizes Lender to intervene in <br />Grantor's name in any of the above described actions or claims. Grantor assigns to Lender the <br />proceeds of any award or claim for damages connected with a condemnation or other taking of <br />all or any part of the Property. Such proceeds will be considered payments and will be applied <br />as provided in this Security Instrument. This assignment of proceeds is subject to the terms of <br />any prior mortgage, deed of trust, security agreement or other lien document. <br />18. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender <br />funds for taxes and insurance in escrow. <br />19. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee <br />and appoint a successor without any other formality than the designation in writing. The <br />successor trustee, without conveyance of the Property, will succeed to all the title, power and <br />duties conferred upon Trustee by this Security Instrument and applicable law. <br />20. USE OF PROPERTY. Grantor shall not use or occupy the Property in any manner that would <br />constitute a violation of any state and/or federal laws involving controlled substances, even in a <br />jurisdiction that allows such use by state or local law or ordinance. In the event that Grantor <br />becomes aware of such a violation, Grantor shall take all actions allowed by law to terminate <br />the violating activity. <br />In addition to all other indemnifications, obligations, rights and remedies contained herein, if the <br />Lender and/or its respective directors, officers, employees, agents and attorneys (each an <br />"Indemnitee") is made a party defendant to any litigation or any claim is threatened or brought <br />against such Indemnitee concerning this Security Instrument or the related property or any part <br />thereof or therein or concerning the construction, maintenance, operation or the occupancy or <br />use of such property, then the Grantor shall (to the extent permitted by applicable law) <br />indemnify, defend and hold each Indemnitee harmless from and against all liability by reason of <br />said litigation or claims, including attorneys' fees and expenses incurred by such Indemnitee in <br />connection with any such litigation or claim, whether or not any such litigation or claim is <br />prosecuted to judgment. To the extent permitted by applicable law, the within indemnification <br />shall survive payment of the Secured Debt, and/or any termination, release or discharge <br />executed by the Lender in favor of the Grantor. <br />Violation of this provision is a material breach of this Security Instrument and thereby <br />constitutes a default under the terms and provisions of this Security Instrument. <br />21. APPLICABLE LAW. This Security Instrument is governed by the laws of Nebraska, the <br />United States of America, and to the extent required, by the laws of the jurisdiction where the <br />Property is located, except to the extent such state laws are preempted by federal law. <br />Brian M Harrenstein <br />Nebraska Deed Of Trust <br />NE/4XDJUNKER00000000003181046010524N Wolters Kluwer Financial Services, Inc.®1996, 2024 Page 8 <br />Bankers SystemsTM <br />
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