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99110131
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Last modified
3/13/2012 7:45:01 PM
Creation date
10/21/2005 1:05:35 AM
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DEEDS
Inst Number
99110131
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�- 99 110131 <br /> (d) Successors and Assigns Bound: Joint and Several Liability; Captions. <br /> The covenants and agreements herein contained shall bind, and the rights hereunder shall <br /> inure to, the respective successors and assigns of Lender and Trustor. All covenants and <br /> agreements of Trustor shall be joint and several. The captions and headings of the <br /> paragraphs of this Deed of Trust are for convenience only and are not to be used to <br /> interpret or define the provisions hereo£ <br /> (e) Request for Notices. The parties hereby request that a copy of any <br /> notice of default hereunder and a copy of any notice of sale hereunder be mailed to each <br /> party to this Deed of Trust at the address set forth above in the manner prescribed by <br /> applicable law. Except for any other notice required under applicable law to be given in <br /> another manner, any notice provided for in this Deed of Trust shall be given by mailing <br /> such notice by certified mail addressed to the other parties, at the address set forth above. <br /> Any notice provided for in this Deed of Trust shall be effective upon mailing in the <br /> manner designated herein. If Trustor is more than one person, notice sent to the address <br /> set forth above shall be notice to all such persons. <br /> (� Ins�ection. Lender may make, or cause to be made, reasonable entries <br /> upon and inspections of the Property, provided that Lender shall give Trustor notice prior <br /> to any such inspection specifying reasonable cause therefor related to Lender's interest in <br /> the Property. <br /> (g) Reconveyance. Upon payment of all sums secured by this Deed of <br /> Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed <br /> of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. <br /> Trustee shall reconvey the Property without warranty and without charge to the person or <br /> persons legally entitled thereto. Trustor shall pay all costs of recordation, if any. <br /> (h) Personal Pro�ert�: Security Agreement. As additional security for the <br /> payment of the Note, Trustor hereby grants Lender, under the Nebraska Uniform Com- <br /> mercial Code, a security interest in all fixtures, equipment and other personal property <br /> used in connection with the real estate or improvements located thereon and not <br /> otherwise declared or deemed to be a part of the real estate secured hereby. This <br /> instrument shall be construed as a Security Agreement under said Code, and the Lender <br /> shall have all the rights and remedies of a secured party under said Code in addition to the <br /> rights and remedies created under and accorded the Lender pursuant to this Deed of Trust, <br /> provided that Lender's rights and remedies under this paragraph shall be cumulative with, <br /> and in no way a limitation on, Lender's rights and remedies under any other security <br /> agreement signed by Borrower or Trustor. <br /> (i) Liens and Encumbrances. Trustor hereby warrants and represents that <br /> there is no default under the provisions of any mortgage, deed of trust, lease or purchase <br /> contract describing all or any part of the Property, or other contract, instrument or <br /> agreement constituting a lien or encumbrance against all or any part of the Property <br /> (collectively, "Liens") existing as of the date of this Deed of Trust, and that any and all <br /> existing Liens remain unmodified except as disclosed to Lender in Trustor's written <br /> disclosure of liens and encumbrances provided for herein. Trustor shall timely perform <br /> all of Trustar's obligations, covenants, representation and warranties under any and all <br /> existing and future Liens, and shall not without Lender's prior written consent in any <br /> manner modify the provisions of or allow any future advances under any existing or <br /> future Liens. <br /> (j) Annlication of Pa,�. Unless otherwise required by law, sums <br /> paid to Lender hereunder, including, without limitation, payments of principal and <br /> interest, insurance proceeds, condemnation proceeds and rents anc�profits, shall be <br /> applied by Lender to the amounts due and owing from Trustor and Borrower in such <br /> order as Lender in its sole discretion deems desirable. <br /> (k) SeverabilitX. If any provision of this Deed of Trust conflicts with <br /> applicable law or is declared invalid or otherwise unenforceable, such conflict or <br /> invalidity shall not affect the other provisions of this Deed of Trust or the Note which can <br /> be given effect without the conflicting provision, and to this end, the provisions of this <br /> Deed of Trust and the Note are declared to be severable. <br /> (1) Terms. The terms "Trustor" and "Borrower" shall include both <br /> singular and plural, and when the Trustor and Borrower are the same person(s), those <br /> terms as used in this Deed of Trust snall be interchangeable. <br /> (m) Governing Law. This Deed of Trust shall be governed by the laws of <br /> the State of Nebraska. <br />; ��c� <br />
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