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200409601 <br />j) Application of Payments. Unless otherwise required by law, sums paid to Lender <br />hereunder, including, without limitation, payments of principal and interest, insurance <br />proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to <br />the amounts due and owing from Trustor and Borrower in such order as Lender in its <br />sole discretion deems desirable. <br />k) Severabilitv. If any provision of this Deed of Trust conflicts with applicable law or is <br />declared invalid or otherwise unenforceable, such conflict or invalidity shall not <br />affect the other provisions of this Deed of Trust or the Note which can be given effect <br />without the conflicting provision, and to this end, the provisions of this Deed of Trust <br />and the Note are declared to be severable. <br />1) Terms. The terms " Trustor" and `Borrower" shall include both singular and plural, <br />and when the Trustor and Borrower are the same person(s), those terms as used in <br />this Deed of Trust shall be interchangeable. <br />m) Governing Law. This Deed of Trust shall be governed by the laws of the State of <br />Nebraska. <br />Trustor has executed this Deed of Trust as of the date written above. <br />Pinnacle Properties, L.L.C. <br />L- <br />By: <br />/,,v n— <br />Daniel P. Cimino, Managing Member Molly J. Ci in Member <br />By: By: <br />By: By: <br />STATE OF NEBRASKA) <br />COUNTY OF ) <br />The forgoing Acknowledgement of Deed of Trust and Deed of Trust was acknowledged <br />before me this day of by <br />and were executed in the order set forth above. <br />Notary Public <br />STATE OF NEBRASKA) <br />COUNTY OF ) <br />The forgoing Acknowledgement of Deed of Trust and Deed of Trust was acknowledged <br />before me this day of by of <br />a corporation, on behalf of the <br />corporation, and were executed in the order set forth above. <br />Notary Public <br />STATE OF NEBRASKA <br />COUNTY OF Hall ) <br />The foregoing instrument was acknowledged before me this 23rd day of September , 2004 by <br />Daniel P. Cimino, Managing Member and Molly J Cimino Member of Pinnacle <br />PropertigVa limited liability company. <br />Notary Public <br />STATE OF NEB <br />COUNTY OF ) <br />GENERAL. NOTARY - StaOe of New <br />GNLBRUMMUND <br />W Cantu. ft Dec. 24, 2006 <br />doc8.doc ' . 6 of 6 <br />