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200609881
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Last modified
3/4/2012 11:23:45 AM
Creation date
11/3/2006 3:25:47 PM
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DEEDS
Inst Number
200609881
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200600$81 <br />19. Notices. Any and all notices, demands, elections or requests provided for <br />or permitted to be given pursuant to this Deed of Trust shall be given or served as <br />provided in the Loan Agreement. <br />20. Successors and Assigns Bound; Captions. The covenants and agreements <br />herein contained shall bind, and the rights hereunder shall inure to, the respective <br />successors and assigns of Beneficiary and Grantor, subject to the provisions of <br />Paragraph 5 hereof. The captions and headings of the paragraphs of this Deed of <br />Trust are for convenience only and are not to be used to interpret or define the <br />provisions hereof. <br />21. Governing Law; Severabilit • Sealed Instrument. This Deed of Trust and <br />the obligations of Grantor hereunder shall be governed by and interpreted and <br />determined in accordance with the laws of THE COMMONWEALTH OF <br />MASSACHUSETTS, except that the creation, governance, administration and <br />enforcement of Liens and rights and remedies with respect to the Mortgaged <br />Property, shall be governed by and interpreted in accordance with the laws of the <br />State of Nebraska. In the event that any provision or clause of this Deed of Trust <br />or any other Loan Document conflicts with the laws of the State of Nebraska or <br />any other Applicable Law, such conflict shall not affect other provisions of this <br />Deed of Trust or such Loan Document which can be given effect without the <br />conflicting provision, and to this end, the provisions of this Deed of Trust and the <br />other Loan Documents are declared to be severable. In the event that any law of <br />the State of Nebraska or any other Applicable Law limiting the amount of interest <br />or other charges permitted to be collected from Grantor is interpreted by a court of <br />competent jurisdiction in a final order so that any charge for which provision is <br />made in this Deed of Trust or in the other Loan Documents, whether considered <br />separately or together with other charges permitted to be collected from Grantor, <br />is interpreted so that any such charge, whether considered separately or together <br />with other charges that are considered a part of the transaction represented by this <br />Deed of Trust and the other Loan Documents, violates such law, and Grantor is <br />entitled to the benefit of such law, such charge is hereby reduced to the extent <br />necessary to eliminate such violation. The amounts, if any, previously paid to <br />Beneficiary in excess of the amounts payable to Beneficiary pursuant to such <br />charges as reduced shall be applied by Beneficiary to reduce the principal of the <br />Secured Obligations. This Deed of Trust is intended to take effect as a sealed <br />instrument pursuant to the law of the Commonwealth of Massachusetts. Nothing <br />contained herein shall be construed to provide that the substantive laws of the <br />State of Nebraska shall apply to any parties, rights and obligations under any of <br />the Loan Documents, which, except as expressly provided above, are and shall at <br />all times continue to be governed by the substantive law of Commonwealth of <br />Massachusetts. In addition, the fact that portions of this Deed of Trust may <br />include provisions drafted to conform to the law of the State of Nebraska is not <br />intended, nor shall it be deemed, in any way, to derogate the parties' choice of law <br />as set forth or referred to herein or in the other Loan Documents. The parties <br />further agree that the Agent may enforce its rights under the Loan Documents <br />including, but not limited to, its rights to sue the Grantor or to collect any <br />21 <br />MA <br />
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