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200203747
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10/14/2011 8:07:09 PM
Creation date
10/22/2005 6:10:44 PM
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DEEDS
Inst Number
200203747
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200203747 <br />from time to time and without notice, (i) release any person so liable; (ii) extend the maturity or alter any of the <br />terms of any such obligations; (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or <br />reconveyed at any time at Lender's option any parcel, portion or all of the Property; (v) take or release any other or <br />additional security for any obligation herein mentioned; or (vi) make compositions or other arrangements with <br />debtors in relation thereto. <br />(c) Forbearance by Lender Not a Waiver, Any forbearance by Lender in exercising any right or <br />remedy hereunder or otherwise afforded by applicable law shall not be a waiver of, or preclude the exercise of, any <br />such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender <br />shall not be a waiver of Lender's 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 <br />agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns <br />of Lender and Trustor. All covenants and agreements of Trustor shall be joint and several. The captions and <br />headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or <br />define the provisions hereof. <br />(e) Request for Notices. The parties hereby request that a copy of any notice of default hereunder <br />and a copy of any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth <br />above in the manner prescribed by applicable law. Except for any other notice required under applicable law to be <br />given in another manner, any notice provided for in this Deed of Trust shall be given by mailing such notice by cer- <br />tified mail addressed to the other parties, at the address set forth above. Any notice provided for in this Deed of <br />Trust shall be effective upon mailing in the manner designated herein. If Trustor is more than one person, notice <br />sent to the address set forth above shall be notice to all such persons. <br />(f) Inspection. Lender may make, or cause to be made, reasonable entries upon and inspections <br />of the Property, provided that Lender shall give Trustor notice prior to any such inspection specifying reasonable <br />cause therefor related to Lender's interest in the Property. <br />(g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request <br />Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness <br />secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge <br />to the person or persons legally entitled thereto. Trustor shall pay all costs of recordation, if any. <br />(h) Personal Property; Security Agreement. As additional security for the payment of the Note, <br />Trustor hereby grants Lender, under the Nebraska Uniform Commercial Code, a security interest in all fixtures, <br />equipment and other personal property used in connection with the real estate or improvements located thereon and <br />not otherwise declared or deemed to be a part of the real estate secured hereby. This instrument shall be construed <br />as a Security Agreement under said Code, and the Lender shall have all the rights and remedies of a secured party <br />under said Code in addition to the rights and remedies created under and accorded the Lender pursuant to this Deed <br />of Trust, provided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a <br />limitation on, Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. <br />(i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default <br />under the provisions of any mortgage, deed of trust, lease or purchase contract describing all or any part of the <br />Property, or other contract, instrument or agreement constituting a lien or encumbrance against all or any part of the <br />Property (collectively, "Liens ") existing as of the date of this Deed of Trust, and that any and all existing Liens <br />remain unmodified except as disclosed to Lender in Trustor's written disclosure of liens and encumbrances provided <br />for herein. Trustor shall timely perform all of Trustor's obligations, covenants, representation and warranties under <br />any and all existing and future Liens, and shall not without Lender's prior written consent in any manner modify the <br />provisions of or allow any future advances under any existing or future Liens. <br />0) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, <br />including, without limitation, payments of principal and interest, insurance proceeds, condemnation proceeds and <br />rents and profits, shall be applied by Lender to the amounts due and owing from Trustor and Borrower in such order <br />as Lender in its sole discretion deems desirable. <br />(k) Severabiliri. 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 affect the other provisions of this <br />Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end, the <br />provisions of this Deed of Trust and the Note are declared to be severable. <br />(1) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when <br />the Trustor and Borrower are the same person(s), those terms as used in 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 Nebraska <br />4 <br />
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