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200201323
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200201323
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Last modified
10/14/2011 4:40:13 PM
Creation date
10/21/2005 9:21:37 PM
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DEEDS
Inst Number
200201323
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11. Miscellaneous Provisions. 200201323 <br />(a) Borrower Not Released . Extension of the time for payment or modification of amortization of the sums secured by <br />this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, <br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in <br />interest. <br />(b) Lender's Powers . Without affecting the liability of any other person liable for the payment of any obligation herein <br />mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or <br />theretofore released as security for the full amount of all unpaid obligations, Lender may, from time to time and without <br />notice (i) release any person so liable, (ii) extend the maturity or alter any of the terms of any such obligations, (iii) grant <br />other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Lender's options any <br />parcel, portion or all of the Property, (v) take or release any other or additional security for any obligation herein <br />mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. <br />(c) Forbearance by Lender Not a Waiver . Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The <br />procurement of insurance of the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust. <br />(d) Successors and Assigns Bound: Joint and Several Liability: Captions . The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and <br />Borrower, subject to the provisions of paragraph 8(e) hereof. All covenants and agreements of Borrower shall be joint <br />and several. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be <br />used to interpret or define the provisions hereof. <br />(e) Request for Notices . The parties hereby request that a copy of any notice of default hereunder and a copy of any <br />notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth below in the manner <br />prescribed by applicable law. Except for any other notice required under applicable law to be given in another manner, <br />any notice provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed as follows, <br />or at such other address as shall be designated in writing to the other parties, as provided herein: <br />Borrower <br />Todd A Hedlund <br />Kelly A Hedlund <br />611 Fleetwood Road <br />Grand Island, NE 68803 <br />Lender United Nebraska Bank <br />700 North Webb Road <br />Grand Island, NE 68803 <br />United Nebraska Bank <br />Trustee 700 North Webb Road <br />Grand Island, NE 68803 <br />Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the <br />manner designated herein. <br />(f) Inspection . Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefore related to <br />Lender's interest in the Property. <br />(g) Reconveyance . Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey <br />the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to <br />Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally <br />entitled thereto. Such person or persons shall pay all costs of recordation, if any. <br />(h) Personal Property, Security Agreement . As additional security for the payment of the Note all fixtures, equipment, <br />and other personal property used in connection with the real estate or improvements located thereon, and not otherwise <br />declared or deemed to be a part of the real estate secured hereby, shall be subject to a security interest in favor of the <br />Lender under the Nebraska Uniform Commercial Code. This instrument shall be construed as a Security Agreement <br />under said Code, and the Lender shall have all the rights and remedies of a secured party under said Code in addition to <br />the rights and remedies created and accorded the Lender pursuant to this Deed of Trust. <br />1160LCV(4 /01) G11368 Page 3of4 <br />GOTO(00013417) <br />
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