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200403403
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Last modified
10/16/2011 2:33:50 PM
Creation date
10/21/2005 12:30:57 AM
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DEEDS
Inst Number
200403403
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200403403 <br />Section 6.7. Successors and Assigns. The terms, provisions, covenants and conditions hereof shall be <br />binding upon Trustor, and the heirs, devisees, representatives, successors and assigns of Trustor, and shall inure to the <br />benefit of Beneficiary and shall constitute covenants running with the Land. All references in this Deed of Trust to <br />Trustor shall be deemed to include all such heirs, devisees, representatives, successors and assigns of Trustor. <br />Section 6.8. Modification or Termination. The Loan Documents may only be modified or terminated <br />by a written instrument or instruments intended for that purpose and executed by the party against which enforcement <br />of the modification or termination is asserted. Any alleged modification or termination which is not so documented <br />shall not be effective as to any party. <br />Section 6.9. Applicable Law. THIS DEED, AND ITS VALIDITY, ENFORCEMENT AND <br />INTERPRETATION, SHALL BE GOVERNED BY AND CONSTRUED, INTERPRETED AND ENFORCED IN <br />ACCORDANCE WITH AND PURSUANT TO THE LAWS OF THE STATE OF NEBRASKA (WITHOUT <br />REGARD TO ANY CONFLICT OF LAWS PRINCIPLES) AND APPLICABLE UNITED STATES FEDERAL <br />LAW. <br />Section 6.10. Entire Ag er ement. The Loan Documents constitute the entire understanding and <br />agreement between Trustor and Beneficiary with respect to the transactions arising in connection with the Secured <br />Indebtedness and supersede all prior written or oral understandings and agreements between Trustor and Beneficiary <br />with respect to the matters addressed in the Loan Documents. Trustor hereby acknowledges that, except as <br />incorporated in writing in the Loan Documents, there are not, and were not, and no persons are or were authorized by <br />Beneficiary to make, any representations, understandings, stipulations, agreements or promises, oral or written, with <br />respect to the matters addressed in the Loan Documents. <br />Section 6.11. Trustor's Waiver of Rights. Except as otherwise set forth herein, to the fullest extent <br />permitted bylaw, Trustor. waives the benefit of all laws now existing or that may subsequently be enacted <br />providing for (i) any appraisement before sale. of anyportion of the Trust Property, (ii) any extension of the time <br />for the enforcement of the collection of the indebtedness or the creation or extension of a period of redemption <br />from any sale made in collecting such debt and (iii) exemption of the Trust Property from attachment, levy or <br />sale under execution or exemption from civil process. Except as otherwise set forth herein, to the full extent the <br />Trustor may do so, the Trustor agrees that the Trustor will not at any time insist upon, plead, claim or take the <br />benefit or advantage of any law now or hereafter in force providing for any appraisement, valuation, stay, <br />exemption, extension, reinstatement or redemption, or requiring foreclosure of this Deed of Trust before <br />exercising any other remedy granted hereunder and the Trustor, for the Trustor and its successors and assigns, <br />and for any and all persons ever claiming any interest in the Trust Property, to the extent permitted by law, <br />hereby waives and releases all rights of reinstatement, redemption, valuation, appraisement stay of execution, <br />notice of election to mature or declare due the whole of the Secured Obligations and marshalling in the event of <br />foreclosure of the liens hereby created. <br />[Signatures Begin on Following Page] <br />12 <br />
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