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<br />200607219 <br /> <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 /> <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 /> <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 /> <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 /> <br />IN WITHNESS 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 ofthis <br />instrument is delivered to them. <br /> <br />By: <br /> <br />Kershner Properties, LLC, a Nebraska <br />Limited Liability Company <br /> <br />~uJ~ <br />yevm W. Kernhn~~ <br />L2~~er.1age. ~~ <br /> <br />By: <br /> <br />STATE OF NEBRASKA ) <br />) ss. <br />COUNTY OF BUFFALO ) <br /> <br />The foregoing instrument was acknowledged before me on this .zJ day of <br />2006, by Kevin W. Kershner and Julie Kershner, as Managers of Kershner Properties, LLC, aN <br />Liability Company, on behalf of the company. <br /> <br />.J;ENERAL NOTARY-State of Nebraska <br />II KYLA J. KINLEY <br />....:::..- My Comm. Exp. July 29,2007 <br />After recor . --.--.--. <br />Nebraska Economic Development Corp., 1610 South 70th Street, Suite 201, Lincoln, NE 68506 <br /> <br /> <br /> <br />4.doc <br /> <br />6 <br />