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200405749 <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 />When SBA is the holder of the Note, this document and all documents evidencing or securing this Loan will <br />be construed in accordance with federal law. <br />CDC or SBA may use local or state procedures for purposes such as filing papers, recording documents, <br />giving notice, foreclosing liens, and other purposes. By using these procedures, SBA does not waive any <br />federal immunity for local or state control, penalty, tax or liability. No Borrower or Guarantor may claim or <br />assert against SBA any local or state law to deny any obligation of Borrower, or defeat any claim of SBA with <br />respect to this Loan. <br />Any clause in this document requiring arbitration is not enforceable when SBA is the holder of the Note <br />secured 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 <br />this instrument is delivered to them. <br />By: v ���� G�� �: <br />ohn R. Gunderson, rustee of the Jocar <br />Living Trust <br />STATE OF NEBRASKA ) <br />ss. <br />COUNTY OF HALL ) <br />The foregoing instrument was acknowledged before me this 10197 01R C F�� 2004, by John R. <br />Gunderson, Trustee of the Jocar Living Trust, on behalf of the Trust. <br />I� GENERAL NOTARY - State of Nebraska <br />KEVIN R. WERNER <br />My Comm. EV. Juty 4, 2006 <br />127939.doc <br />xvv � <br />NOTARY PUBLIC <br />