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200605274
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Last modified
6/13/2006 4:15:09 PM
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6/13/2006 4:15:07 PM
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DEEDS
Inst Number
200605274
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<br />200605274 <br /> <br />The Property includes both real property and Fixtures and all other rights and interests, whether <br />tangible or intangible in nature, of Borrower in the Property. By executing and delivering this <br />Security Instrument, Borrower hereby grants to Lender and Trustee, as security for the Secured <br />Obligations (hereinafter defined), a security interest in the Fixtures to the full extent that the <br />Fixtures may be subject to the Uniform Commercial Code. <br /> <br />Section 1.4 FIXTURE FILING. Certain of the Property is or will become "fixtures" (as <br />that term is defined in the Uniform Commercial Code) on the Land, and this Security Instrument, <br />upon being filed for record in the real estate records of the city or county wherein such fixtures <br />are situated, shall operate also as a financing statement filed as a fixture filing in accordance with <br />the applicable provisions of said Uniform Commercial Code upon such of the Property that is or <br />may become fixtures. <br /> <br />Section 1.5 CONDITIONS TO GRANT. TO HAVE AND TO HOLD the above granted <br />and described Property unto Trustee for and on behalf of Lender and to the use and benefit of <br />Lender and Trustee and their successors and assigns, forever; IN TRUST, WITH POWER OF <br />SALE, to secure payment to Lender of the Obligations at the time and in the manner provided for <br />its payment in the Note and in this Security Instrument. <br /> <br />UPON CONDITION that, so long as no Event of Default has occurred and is continuing, <br />Borrower shall be permitted to possess and use the Property and to use the rents, issue, profits, <br />revenues and other income of the Property as provided or permitted by the terms of this Security <br />Instrument, the Loan Agreement and the other Loan Documents; <br /> <br />PROVIDED, HOWEVER, these presents are upon the express condition that, if <br />Borrower shall well and truly pay to Lender the Obligations at the time and in the manner <br />provided in the Note, the Loan Agreement and this Security Instrument; shall well and truly <br />perform the Other Obligations as set forth in this Security Instrument and shall well and truly <br />abide by and comply with each and every covenant and condition set forth herein and in the <br />Note, the Loan Agreement and the other Loan Documents, these. presents and the estate hereby <br />granted shall cease, terminate and be void; provided, however, that Borrower's obligation to <br />indemnifY and hold harmless Lender pursuant to the provisions hereof shall survive any such <br />payment or release. <br /> <br />Article 2 - SECURED OBLIGATIONS <br /> <br />Section 2.1 OBLIGA nONS. This Security Instrument and the grants, assignments and <br />transfers made in Article 1 are given for the purpose of securing all debts and obligations to be <br />secured by this Security Instrument, including the' Debt. and any other 0 bHgationsunderthe Nate, <br />the Loan Agreement or any other Loan Document and the peifonnance of all Oilier Obligations <br />(as hereinafter defined) (the "Obligations';). ' <br /> <br />Section 2.2 OTIIER OBLIGATIONS. ThiSd SecUrity Instrument. and the grants; <br />assigninentsand transfers made in Articlel are : also given for theputp6se 'of secUring the <br />'. perfofman:ce df the following' (the "Other . Obligations"): {it) all othei<oblfgatiotis of Borrower <br />contained'herein; (b) each obligation of Botrower contained in the Loan Agreement, the Note <br />and any other Loan Document; and (c) each obligati9n of Borrower contained' ~ any renewal, <br />extension, . amendment, modification, consolidation, change of,'orsulJstitlltion or replacement <br />f6r;allor any part of the Note, the Loan Agreement odiny-othei-Loall'DocUriient. . . . <br /> <br />5 <br /> <br />Nebraska <br />[WW; NYLEGAL:505604.2] 20528-00030 05/13/200602:00'PM <br />
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