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200410419
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200410419
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Last modified
10/16/2011 10:19:54 PM
Creation date
10/21/2005 5:15:02 AM
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DEEDS
Inst Number
200410419
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200410419 <br />Any Signer who does not execute the Agreement ( "Co- Grantor ") is not personally liable under the Credit Documents. <br />Rather, each Co- Grantor is co- signing to encumber such Co- Grantor's interest in the Property. Each Co- Grantor agrees that <br />LENDER and any Signer may modify either Credit Document, without notice to or consent from such Co- Grantor and without <br />impairing LENDER's rights under the Credit Documents. Each Co- Grantor also waives (a) any right such Co- Grantor might <br />otherwise have to require LENDER to proceed first against any Borrower or any other person or to pursue any remedy in <br />LENDER's power, (b) any defense or right such Co- Grantor might otherwise have arising out of any release granted any Borrower <br />or any defense that any Borrower may have against liability (other than for full payment), (c) any defense against LENDER arising <br />out of LENDER's exercise of a power of sale upon the Property, even if such sale results in the loss of any right of subrogation or <br />other right of such Co- Grantor against any Borrower or other person, and (d) the benefit of any statute of limitations affecting the <br />Property. <br />11. NOTICES. All notices shall be in writing. Except where applicable law requires otherwise: <br />(a) LENDER notices shall be hand delivered or mailed by first class, registered or certified mail to the address of <br />the Property or to such other address specified by the addressee in a written notice given to LENDER. Any LENDER notice <br />shall be considered given on the day it is deposited in the U.S. mail (with proper postage affixed) or on the day it is <br />hand - delivered. <br />(b) Our notices shall be mailed to LENDER by first class, registered or certified mail to the address for such <br />notices specified on our most recent monthly statement under the Agreement or to such other address specified by LENDER in a <br />written notice given to us. Any such notice shall be considered given on the day it is received by LENDER. <br />12. GOVERNING LAW. This Deed of Trust will be governed by federal and Nebraska law. If any provision is <br />invalid, illegal, or unenforceable, this Deed of Trust shall be interpreted as if such provision had never been included. <br />13. COPIES. We shall receive copies of the Credit Documents at the time they are signed or after this Deed of Trust is <br />recorded. <br />14. EXERCISING REMEDIES. LENDER may exercise all of the rights and remedies provided by the Credit Documents or <br />law, and any of these rights and remedies may be exercised individually or jointly, once or a number of times. The parties to this <br />document are subject to the provision for Arbitration as set forth in the Agreement which is incorporated by reference as if set forth <br />at length herein. <br />15. EVENTS OF DEFAULT. <br />(a) The events set forth in paragraph 15(b) are Events of Default if and when LENDER gives any Signer notice of default. <br />We agree to notify LENDER promptly upon the happening of any event that would be an Event of Default under either Credit <br />Document upon the giving of notice by LENDER. <br />(b) After giving notice of default, LENDER may end the Account and /or demand repayment at once of the Total <br />Balance Outstanding in any of the following events: <br />(i) There has been fraud or material misrepresentation by any Signer in connection with the Account; <br />(ii) Borrowers have failed to meet the repayment terms of the Agreement for any amount outstanding; or <br />(iii) Any action or inaction by any Signer has adversely affected the Property or any right of LENDER in <br />the Property; to the extent permitted by law, this will include, but not be limited to, any Signer (or any legal representative or <br />successor of any Signer) agreeing to sell, transfer or assign or selling, transferring or assigning any interest in the Property, <br />without the prior written consent of LENDER. <br />(c) Notwithstanding any language in this Deed of Trust to the contrary, LENDER will not take any action in the event <br />of default unless permitted by applicable law and LENDER will give us any grace period, right to cure and /or reinstatement right <br />required by applicable law. This paragraph 15 is intended to give LENDER all rights permitted by applicable law. <br />16. POWER OF SALE AND RELATED MATTERS. IF BORROWERS DO NOT REPAY THE TOTAL BALANCE <br />OUTSTANDING WHEN DUE, LENDER MAY EXERCISE ANY REMEDY AVAILABLE TO IT UNDER <br />APPLICABLE LAW, INCLUDING INVOKING ITS POWER OF SALE OF THE PROPERTY. LENDER SHALL BE <br />ENTITLED TO COLLECT ALL REASONABLE COSTS AND EXPENSES, INCLUDING TRUSTEE'S FEES, <br />INCURRED IN PURSUING THE REMEDIES PROVIDED ABOVE. <br />IF LENDER INVOKES ITS POWER OF SALE UNDER THIS DEED OF TRUST, LENDER SHALL EXECUTE, <br />OR CAUSE TRUSTEE TO EXECUTE, A WRITTEN NOTICE OF THE OCCURRENCE OF AN EVENT OF <br />DEFAULT AND OF LENDER'S ELECTION TO CAUSE THE PROPERTY TO BE SOLD. LENDER SHALL CAUSE <br />SUCH NOTICE TO BE RECORDED IN EACH COUNTY WHERE ANY PART OF THE PROPERTY IS LOCATED. <br />LENDER OR <br />Initial � A3 f} <br />-4- <br />
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