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88103757
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88103757
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Last modified
3/4/2012 2:17:51 PM
Creation date
3/9/2007 4:37:52 AM
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DEEDS
Inst Number
88103757
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Any notice that must be given to the Note Holder under this Note will be <br />given by mailing it by certified mail to the Note Holder at the address stated <br />in the first paragraph of this Agreement. A notice will be mailed to the Note <br />Holder at a different address if I am given a notice of that different address. <br />9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE 88-- i 0 3'7 5 7 <br />If more than one person signs this Note, each of us is fully and <br />personally obligated to pay the full amount owed and to keep all of the <br />promises made in this Note. Any guarantor, surety, or endorser of this Note <br />is also obligated to do these things. The Note Holder may enforce its rights <br />under this Note against each of us individually or against all of us <br />together. This means that any one of us may be required to pay all of the <br />amounts owed under this Note. Any person who takes over my rights or <br />obligations under this Note will have all of my rights and must keep all of my <br />promises made in this Note. Any person who takes over the rights or <br />obligations of a guarantor, surety, or endorser of this Note is also obligates <br />to keep all of the promises made in this Note. <br />10. APPLICABLE LAW <br />This Note shall be construed in accordance with the laws of the state of <br />Nebraska and of the United States of America. <br />11. USURY <br />All agreements between the Borrower and the Note Holder, whether now <br />existing or hereafter arising and whether written or oral, are expressly <br />limited so that in no contingency or event whatsoever, whether by acceleration <br />of the maturity of this Note or otherwise, shall the interest contracted for, <br />charged or received by the Note Holder, exceed the maximum amount permissible <br />under applicable law. If from any circumstances whatsoever fulfillment of any <br />provision of this Note or of any other document evidencing, securing or <br />pertaining to the indebtedness evidenced hereby, at the time performance of <br />such provision shall be due, shall involve transcending the limit of validity <br />prescribed by law, then, ipso facto, the obligation to be fulfilled shall be <br />reduced to the limit of such validity, and if from any such circumstances the <br />Note Holder shall ever receive anything of value as interest or deemed <br />interest by applicable law under this Note or any other document evidencing, <br />securing or pertaining to the indebtedness evidenced hereby or otherwise an <br />amount that would exceed the highest lawful rate, such amount that would be <br />excessive interest shall be applied to the reduction of the principal amount <br />owing under this Note or on account of any other indebtedness of the Borrower <br />to the Note Holder, and not to the payment of interest, or if such excessive <br />interest exceeds the unpaid balance of principal of this Note and such other <br />indebtedness, such excess shall be refunded to the Borrower. In determining <br />whether or not the interest paid or payable with respect to any indebtedness <br />of the borrower to the Note Holder, under any specific contingency, exceeds <br />the highest lawful rate, the Borrower and the Note Holder shall, to the <br />maximum extent permitted by applicable law, (a) exclude voluntary prepayments <br />and the effects thereof, (b) amortize, prorate, allocate and spread the total <br />amount of interest throughout the full term of such indebtedness so that the <br />actual rate of interest on account of such indebtedness does not exceed the <br />maximum amount permitted by applicable law, and /or (c) allocate interest <br />between portions of such indebtedness, to the end that no such portion shall <br />bear interest at a rate greater than that permitted by law. The terms and <br />provisions of this paragraph shall control and supersede every other <br />conflicting provision of all agreements between the Borrower and the Note <br />Holder. <br />12. SUCCESSORS AND ASSIGNS <br />All the stipulations, promises and agreements in this Note contained by or <br />on behalf of the Borrower shall bind my successors and assigns, whether so <br />expressed or not, and inure to the benefit of the successors and assigns of <br />the Borrower and the Lender. <br />13. SEVERABILITY <br />In the event any one or more of the provisions contained in this Note <br />shall for any reason be held to be invalid, illegal or unenforceable in any <br />respect, such invalidity, illegality or unenfolreeability shall not affect any <br />other provision hereof, and this Note shall be construed as If such invalid. <br />illegal or unenforceable provision had never been contained herein. <br />14. ATTORNEYS' FEES AND COSTS <br />
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