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<br />200706386 <br /> <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 describing 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 Lelider copies of all notices of default sent in connectlon WIllI 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 untler any existing or future liens. <br />(j) 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 ot <br />otherwise unenforceable, such conflict or invalidity shall not affect the other provisions of this Deed of Trustor the <br />Note which can be given effect without the conflicting provision, and to tlus end the provisions ofthis Deed of Trust <br />and the Note are declared to be severable. <br />(I) ,::fenns. The tenus "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and <br />Borrower are the same person(s), tl10se terms as used in this Deed of Trust shall be interchangeable. <br />(m) Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. <br /> <br /> <br />Trustor <br /> <br />ed of Trust as of the dale writleo "bol) ~ <br /> <br />Q J.;1r)tl =- <br />Trustor ,borah K. Lee <br /> <br />Trustor <br /> <br />Trustor <br /> <br />STATE OF NEBRASKA IL <br />COUNTY OF If trL L-- <br /> <br />;t.- <br />The foregoing Deed of Trust was acknowledged before me this ~ day of <br /> <br />'j (A./ Y <br />, <br /> <br />,2007 <br /> <br />by <br /> <br />J oe1 W. Lee and Deborah K. Lee. husband and wife <br /> <br />:>r~#ub~ <br /> <br />GENERAl NOTARY. State of NebraSka <br />THOMAS J. CORKLE <br />My Comm. Exp. Feb. 20, 2010 <br /> <br />STATE OF NEBRASKA <br />COUNTY OF <br /> <br />Th~fC?regoittg Deed of Trust was.acknowledged before me this ~ day of <br />--'" -.-. ",...". .---~ --".,.-. .-" ----.. -- ..-..-.--. ,.,-..- <br /> <br />,2007 <br /> <br />by <br /> <br />Notary Public <br /> <br />Please return to: <br />Nebraska Energy Federal Credit Umon <br />1414 15th Street, PO Box 499 <br />Columbus, NE 68602-0499 <br />