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4` <br />200405746 <br />-1 <br />16. A judicial decree, order, or judgment holding any provision or portion of this instrument invalid <br />or unenforceable shall not in any way impair or preclude the enforcement of the remaining provisions or <br />portions of this instrument. <br />17. The sale of the real estate, which is the subject of this Deed of Trust, without the prior written <br />consent of the Beneficiary is agreed to be a material default by the Trustor, and the Beneficiary shall have the <br />option to declare the whole indebtedness secured thereby to be due and owing and the power of sale conferred <br />upon the Trustee may be exercised pursuant to this document and applicable statutes. <br />The Loan secured by this lien was made under a United States Small Business Administration (SBA) <br />nationwide program which uses tax dollars to assist small business owners. If the United States is seeking to <br />enforce this document, then under SBA regulations: <br />(a) When SBA is the holder of the Note, this document and all documents evidencing or securing <br />this Loan will be construed in accordance with federal law. <br />(b) CDC or SBA may use local or state procedures for purposes such as filing papers, recording <br />documents, giving notice, foreclosing liens, and other purposes. By using these procedures, SBA <br />does not waive any federal immunity for local or state control, penalty, tax or liability. No <br />Borrower or Guarantor may claim or assert against SBA any local or state law to deny any <br />obligation of Borrower, or defeat any claim of SBA with respect to this Loan. <br />Any clause in this document requiring arbitration is not enforceable when SBA is the holder of the Note secured <br />by this instrument. <br />IN WITNESS WHEREOF, Trustor has executed this instrument and the Trustee and Beneficiary are <br />deemed to have accepted their respective rights and duties when a duly executed and acknowledged copy of this <br />instrument is delivered to them. <br />By: - �'� <br />Gary 10ac son, single <br />STATE OF NEBRASKA ) <br />ss. <br />COUNTY OF HALL ) <br />0 <br />The foregoing instrument was acknowledged before me this 2300 0 ri 2004, by Gary R. <br />Jacobson, a single person. <br />GENERAL NOTARY -Slate 0 """ <br />KEVIN R WERNER <br />My Comm. Up. July 4, 2066 <br />%,,., r( <br />NOTARY PUBLIC <br />