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202401336
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4/1/2024 4:04:18 PM
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4/1/2024 4:04:18 PM
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DEEDS
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202401336
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202401336 <br />be exercised, concurrently or independently, from time to time and as often as may be deemed <br />expedient by Trustee or Beneficiary, and either of them may pursue inconsistent remedies. <br />Nothing in this Deed of Trust shall be construed as prohibiting Beneficiary from seeking a <br />deficiency judgment against the Trustor to the extent such action is permitted by law. <br />10. Security Agreement. This Deed of Trust is both a real property deed of trust and <br />a "security agreement" within the meaning of the Uniform Commercial Code in effect in the <br />State of Nebraska, as amended from time to time (the "UCC"). The Property includes both real <br />and personal property and all other rights and interest, whether tangible or intangible in nature, <br />of Trustor in the Property. TRUSTOR HEREBY GRANTS TO BENEFICIARY, AS <br />SECURITY FOR THE OBLIGATIONS, A SECURITY INTEREST IN THE PROPERTY TO <br />THE FULL EXTENT THAT THE PROPERTY MAY BE SUBJECT TO THE UCC OR THE <br />UNIFORM COMMERCIAL CODE OF ANY OTHER STATE OR STATES WHERE THE <br />TRUSTOR IS LOCATED (said portion of the Property so subject to the UCC being called in <br />this paragraph the "Collateral"). If an Event of Default shall occur, Beneficiary, in addition to <br />any other rights and remedies which it may have, shall have and may exercise immediately and <br />without demand, any and all rights and remedies granted to a Beneficiary upon default under the <br />UCC, including, without limiting the generality of the foregoing, the right to take possession of <br />the Collateral or any part thereof, and to take such other measures as Beneficiary may deem <br />reasonably necessary or advisable for the care, protection and preservation of the Collateral. <br />Trustor shall pay to Beneficiary on demand any and all expenses, including attorneys' fees and <br />expenses, incurred or paid by Beneficiary in protecting its interest in the Collateral and in <br />enforcing its rights hereunder with respect to the Collateral. <br />11. Requests for Notice. Trustor hereby requests a copy of any Notice of Default and <br />any Notice of Sale hereunder be mailed to Trustor at Trustor's address set forth in Section 10. <br />While hereby expressly reserving the priority of this Deed of Trust as established by law, Trustee <br />and Beneficiary hereunder request that a copy of any Notice of Default and any Notice of Sale <br />under any deed of trust recorded against the Property either prior to, or subsequent to the date <br />this Deed of Trust is recorded be mailed to each at the addresses set forth in Section 10. <br />12. Notices. All notices and other communications provided for herein shall, unless <br />otherwise stated herein, be in writing and shall be personally delivered or sent by certified mail, <br />postage prepaid, by prepaid overnight nationally recognized courier, to the intended party at the <br />address of such party set forth as follows: <br />If to Trustee: <br />Koley Jessen, P.C., L.L.O. <br />Attention: Matthew D. Maser <br />1125 S. 103rd Street Suite 800 <br />Omaha, NE 68134 <br />E-mail: matt.maser@koleyjessen.com <br />If to Beneficiary: <br />Central Nebraska Growth Foundation <br />
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