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200608691 <br />declared or deemed to be a part of the real estate secured hereby. This instrument shall be construed as a Security <br />Agreement under said Code, and the Lender shall have all the rights and remedies of a secured party under said <br />Code in addition to the rights and remedies created under and accorded the Lender pursuant to this Deed of Trust; <br />provided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation <br />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 under the provisions <br />of any mortgage, deed of trust, lease or purchase contract describixtg all or any part of the Property, or other contract, <br />instrument or agreement constituting a lien or encumbrance against all or any part of the Property, (collectively, <br />"Liens "), existing as of the date of this Deed of Trust, and that any and all existing Liens remain unmodified except <br />as disclosed to Lender in Trustor's written disclosure of liens and encumbrances provided for herein. Trustor shall <br />timely perform all of Trustor's obligations, covenants, representations and warranties under any and all existing or <br />future Liens, shall promptly forward to Lender copies of all notices of default sent in connection with any and all <br />existing or future Liens, and shall not without Lender's prior written consent in any manner modify the provisions of <br />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; including without <br />limitation payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall <br />be applied by Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in its sole <br />discretion deems desirable. <br />(k) Severability. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or <br />otherwise unenforceable, such conflict or invalidity shall not affect the other provisions of this Deed of Trust br the <br />Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust <br />and the Note are declared to be severable. <br />(1) Terms, The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and <br />Borrower are the satne person(s), those terms as used in this Deed of Trust shall be interchangeable. <br />(in) Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. <br />Trustor has executed this Deed of Trust as of the date written above. <br />Trustor Chris A. Sullivan Trustor Melinla M. Sullivan <br />Trustor <br />STATE OF NEBRASKA <br />COUNTY Ol~ <br />Trustor <br />-.-- -mm <br />.• Si;Ti*.s��'. sy �ATN t%.ASSETT <br />�• pENERAL'. •, nnY {,i"?1`,A�;1iilt�td EXPIRES <br />_ *.'.yNOTAPY�' P1 .:: p`�Pif:lwC �.7. LW7 <br />r <br />The foregoing Deed of Trust was acknowledged before me this I(V day of 2006 <br />by <br />Chris A. S <br />STATE OF NEBRASKA <br />COUNTY OF <br />The foregoing Deed of Trust was acknowledged before me this <br />by <br />of <br />Corporation. <br />Please return to: <br />Nebraska Energy Federal Credit Union <br />1414 15th Street, PO Box 499 <br />Columbus, NE 68602 -0499 <br />day of <br />Notary Public <br />FM <br />a Corporation, on behalf of the <br />Notary Public <br />