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20031569"7 <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 />(a) When SBA is the holder of the Note, this document and all documents evidencing or securing <br />this Loan will be construed in accordance with federal law. <br />(b) CDC or SBA may use local or state procedures for purposes such as filing papers, recording <br />documents, giving notice, foreclosing liens, and other purposes. By using these procedures. SBA <br />does not waive any federal immunity for local or state control, penalty, tax or liability. No <br />Borrower or Guarantor may claim or assert against SBA any local or state law to deny any <br />obligation of Borrower, or defeat any claim of SBA with respect to this Loan. <br />Any clause in this document requiring arbitration is not enforceable when SBA is the holder of the Note secured <br />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 this <br />instrument is delivered to them. — ---� <br />STATE OF NEBRASKA ) <br />ss. <br />COUNTY OFl/ ) <br />The foregoing instrument was acknowledged before me this 14/ day of November, 2003, by Randall .1. <br />Kathman and Jean M. Kathman, husband and wife. <br />NOTARY PUBLIC <br />GENERAL NOTARY -State of Nebraska <br />SCOTT E. WILTFONG <br />My Comm. Exp. Dec. 11, 2004 <br />2 <br />