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_ 99 10968 r <br /> zo. ao��oWe� requests that copies of any �of��a of default and notice o, sale be mailed to 2518 Pioneer Blvd. Grand Island Nebraska <br /> 68801 <br /> If the Borrower wants to change such address or the person designated to receiva such notice then Borrower must file a saparate request for such notice with the <br /> Register at Deeds of each county in which the Property is located setting forth the name and address of the person to whom notice is to be sent, and identitying this <br /> Trust Deed by stating the names of the parties hereto, the date it was recorded and the instrument number or book and page thereof. N no such separate request is <br /> filed then notice mailed to the party and address set forth above shall be deemed legally conclusive as notice to the Borrower notwithstanding any subsequent death, <br /> incapacity or disability, or change of address, marital status, name, capacity or membership. <br /> 21. Borrowers warrant and represent that no hazardous material has been placed, held, located or disposed of on, under or at the Property and no underground <br /> storage tanks have been installed, used or exist on the Property and there is no investigation, order or litigation with respect to hazardous substances or underground <br /> storage tanks relating to the Property, Borrower agrees to not use, generate, store, or dispose of or permit the use, generation, storage, or disposal of any hazardous <br /> material above, in, on, or under the Property now or at any future time and shall not install underground storage tanks upon the Property. If it is determined at any time <br /> that there are hazardous materials located above, in, on, or under the Property, which under environmental law require a spacial handling, use, collection, storage, <br /> treatment or disposal, the Borrower shall commence within thirty (30) days after notice thereof, at its sole expense to comply with all such anvironmental requirements. <br /> Failure to comply with such environmental requirements shall constitute an avent of default under this Trust Deed. Borrower agrees to indemnity and hold harmless <br /> Lender against and from any and all claims, costs and proceedings, which may be asserted against Lander relating to or arising from environmental matters, laws or <br /> regulatlons. This Indemnification shall survive notwithstanding the exercise of the power of sale, foreclosure or deed of reconveyance. <br /> 22. Extanslon of the time tor payment or modificatlon of any amortization of any the indebtedness to any successor in interest of the Borrower shall not operate <br /> to ralease in any manner the liability of Borrower. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and <br /> without affecting the lien or charge of this Trust Deed upon any portion of the Property not then or thareafter released as security for the tull amount ot all unpaid <br /> obligatlons, Lender may, from time to time and without notice, (1) release any person so liable, (2) extend the maturity or alter any ot the terms of such obligations, (3) <br /> grant other indulgences, (4) release or reconvey or cause to be reconveyed at any time at Lender's option any parcel, portion or all of the Property, (5) take or release <br /> any other or additional security for any obligation herein mentioned, or (B) make compositions or other arrangements with debtors in relation thereto. <br /> 23. This Trust Deed shall constitute a security agreement and fixture filing under the provisions of the Nebraska Uniform Commercial Code with respect to those <br /> fixtures constituting a part oi the Property, together with all other property Borrower now or hereafter located at or on the Property. Lender shall have all the rights and <br /> remedies of a secured party under the Uniform Commercial Code in addition to the rights and remedies created under and accordance to Lender pursuant to this Trust <br /> Daed. <br /> _ _ - �—_ ��.. ____-_ _ _ _ <br /> 24. Thie Trust ed shall be govemed l�y tFie lawe of ifie 3tate o�TTebraska. - �� �" <br /> 25. The c ena ts and agreements herein contained shall bind, and the rights hereunder shall inure, to the respective heirs, representatives, successors and <br /> assigns of the arties All covenants and agreements of Borrower shall be joint and several. Whenever reference is made to the singular hereunder, it shall include the <br /> plural and the plural hall include the singul �' <br /> IN NESS HEREOF, Borrowe s e uted this Tr t Deed. f� <br /> � � � 'x�j ����C.� �� L <br /> B fOWe� Donald E. Jenki s B�« e� Donnette K. Jenk ns <br /> Borrower Borrower <br /> ACKNOWLEDGMENTS <br /> STATE OF Nebr S�CB Tha foregoing instrument was acknowledged before me this 23rd day of September <br /> co��fy o, 1999 , br ponald E. Jenkins and Donnette K. Jenkins , husband and <br /> wife <br /> �..� - <br /> c�rrouRr-s�e a neo� <br /> I .lACpUEUNE ENSLEY No ry Publ' <br /> t� CaarR E�_6�Mm�� �000 --- - _�_ <br /> STATE OF The foregoing instrument was acknowladged before me this d(� r. day of ^ •W�,� <br /> County of __ ---��-J�, b9 <br /> Notary Public <br /> STATE OF The foregoing instrument was acknowledged before me this day of <br /> County ot , by , <br /> of <br /> , a , corporation, on behalf of ihe corporation <br /> Notary Public <br /> STATE OF The foregoing instrument was acknowledged before me this day of <br /> County oT , by <br /> , a partner, on behalf of <br /> , a partnership. <br /> Notary ubllc - -- �— -- - -- _ <br /> STATE OF Entered on numerical index and filed for record in the Registar of Deeds Oftice of said County the day <br /> of County of , at , o'clock and minutas <br /> M., and recorded in Book of at page <br /> Register of Deeds <br /> BY Deputy <br /> F12855.LMO (2/98) Page 3 of 3 <br />